News & Analysis as of

Right of Publicity Name and Likeness

Potomac Law Group, PLLC

NIL Isn't Just For Athletes — Securing "Name, Image, and Likeness Rights" in Marketing

You need “name, image, and likeness” (NIL) rights to use an individual’s name, voice, image, or AI replica. The Internet and social media have rapidly multiplied the ways companies can promote their businesses and products,...more

Vondran Legal

Name, Image and Likeness ("NIL"), Right of Publicity ("ROP") and Social Media Influencer Agreements. Sports representation for...

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With the formation of the new College Sports Commission, things are starting to get intriguing. There is a new commission headed up by Bryan Seeley, a former United States Federal Prosecutor whose job, among other things, is...more

Weintraub Tobin

(Podcast) The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle

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What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and...more

Weintraub Tobin

The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle

Weintraub Tobin on

What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and...more

Seyfarth Shaw LLP

These Are the Lawsuits You’re Looking For: Fortnite’s AI Voice Dispute

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A long time ago in a galaxy not so far away, voice acting was the exclusive domain of talented humans. But today, in the age of generative AI, even the iconic voice of a legendary villain can be conjured without a single...more

Venable LLP

Possible Trump Executive Order on NIL Reform Would Face Legal Challenges

Venable LLP on

After meeting with former University of Alabama football coach and seven-time national champion Nick Saban, President Trump is considering forming a college sports commission and issuing an executive order to establish...more

Sheppard Mullin Richter & Hampton LLP

Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling...more

ArentFox Schiff

The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

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In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss....more

Ropes & Gray LLP

[Podcast] R&G Dugout: Navigating NIL—The Future of College Athletics and Investments

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On this episode of the R&G Dugout podcast, Ropes & Gray litigation & enforcement partner and lead of the firm’s sports industry initiative, Chris Conniff, is joined by intellectual property transactions partner Erica Han....more

Venable LLP

Your Employee's Right of Publicity (NIL)

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Your company believes it has an employee-friendly culture, and it wants to publicize/exhibit/promote/exploit that positive experience in its external marketing and promotional materials and internal correspondence and...more

Pillsbury - Internet & Social Media Law Blog

The Inevitable Evolution of NIL Rights Continues to Reconfigure the Economies of Collegiate Athletics

As 2024 comes to a close, permutations in the arena of name, image and likeness (NIL) impacting collegiate athletics continue unabated. Most prominently, Northern District of California District Judge Claudia Wilken...more

Troutman Pepper Locke

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

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Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Jackson Lewis P.C.

New Illinois Laws Address Use of Generative AI and Digital Likeness, Publicity Rights

Jackson Lewis P.C. on

Illinois continues to enact legislation regulating artificial intelligence (AI) and generative AI technologies. •A little less than a year ago, Gov. JB Pritzker signed H.B. 2123 into law. That law, becoming effective...more

Husch Blackwell LLP

House v. NCAA: Top Five Takeaways

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In July 2024, the National Collegiate Athletic Association (NCAA) and major athletic conferences reached an agreement with plaintiffs in connection with House v. NCAA that portends significant changes for college athletics....more

McDonnell Boehnen Hulbert & Berghoff LLP

Interplay between image and likeness rights and AI central to gaming actor strike and newly proposed legislation

Last week, for the second time ever, members of the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) in the gaming industry (e.g., voice actors and motion capture artists) voted to strike...more

Sheppard Mullin Richter & Hampton LLP

USPTO Roundtable: AI and Right of Publicity

The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice,...more

Pillsbury - Internet & Social Media Law Blog

What You Need to Know If You’re Using AI-Generated Voices for Your Company

Global music superstar Taylor Swift began her music career in Nashville, so we thought it fitting that on July 1, with the end of the Eras Tour in sight, the Ensuring Likeness Voice and Image Security (ELVIS) Act went into...more

Baker Donelson

Re-Considering the Right of Publicity in the World of Generative AI

Baker Donelson on

Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal...more

Flaster Greenberg PC

Name, Image, and Likeness Compensation for Student-Athletes: From the Playing Field to the Courthouse, Is the Ball Now in...

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For decades, student-athletes have asserted that colleges and universities have benefitted from their participation in collegiate athletics, while the student athletes themselves receive nothing in return. A college...more

Kelley Drye & Warren LLP

NY Case Addresses Publicity Rights for People in the Background of Social Media Photos

This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you...more

Kelley Drye & Warren LLP

NBA Hall of Fame Player Sues Over Unauthorized Use of Image

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate...more

Pillsbury - Internet & Social Media Law Blog

The Brisk Evolution of Name, Image and Likeness (NIL) Rights

Developments in the world of name, image and likeness (NIL) rights continue to occur at an extremely swift pace. Within the last two weeks, Virginia amended its existing NIL laws to significantly strengthen student-athlete...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

Vondran Legal on

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

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