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Right of Publicity Today's Popular Updates 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

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

Vondran Legal

Artificial Intelligence Law - Intellectual Property Protection for your voice?

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With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more

Foster Garvey PC

Universal Music Group’s Blockbuster IPO on European Stock Exchange Signals Music Biz Resurgence

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- There is that sweet sound of music as Universal Music Group’s IPO debuted as the largest in the history of the music business, with the listing on Euronext Amsterdam valuing the company at more than $53 billion. The stock’s...more

Foster Garvey PC

Ongoing Strife Between Studios and Talent Continues as Christopher Nolan Ends Nearly Two-Decade-Long Relationship With Warner...

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- Esteemed filmmaker Christopher Nolan’s decision to leave his 19-year-long relationship with Warner Bros. for Universal to make his next film (about Robert Oppenheimer and the creation of an atomic bomb) continues to...more

Latham & Watkins LLP

NFTs and the Right of Publicity: Assessing the Legal Risks

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NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more

Foster Garvey PC

Sports & Entertainment Spotlight: Can Celebrity Endorsements Influence Perceptions Around the COVID-19 Vaccine?

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- As the pandemic continues, the question arises: Could celebrities be the key to getting the country vaccinated? - Seemingly everyone is coming up a winner in the music business with the top three major companies bringing...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household...

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Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in...more

Foster Garvey PC

Sports & Entertainment Spotlight: Risks of NIL Pitfalls Prove Greater Than ‘NIL’

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Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #4

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Throughout the United States, people are eagerly preparing for this Memorial Day Weekend (MDW), which marks the unofficial start of summer (not to mention those who made the ultimate sacrifice for the country). If you listen...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #3

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“Happy” Tax Day to those of you here in the United States celebrating/commiserating (noting of course that certain taxpayers have until May 17 to file their returns this year). Like taxes, this installment of the Spotlight...more

Jones Day

JONES DAY TALKS® Game Changer? California's Fair Pay to Play Act and the Future of College Sports

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Signed into law by California Gov. Gavin Newsom, the Fair Pay to Play Act will allow college athletes in that state to accept payment for the use of their name, image, and likeness. In response, the NCAA has threatened to bar...more

International Lawyers Network

Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment in Right of Publicity and Trademark Suit

A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online retailer that allegedly used her persona and likeness to sell its...more

Kelley Drye & Warren LLP

Indiana Supreme Court Finds Fantasy Sports Statistics Newsworthy In Right of Publicity Claim

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Plaintiff-Appellants Akeem Daniels, Cameron Stingily, and Nicholas Stoner were collegiate student–athletes between 2014¬2016. Their on-field performances were collected as numerical statistics and published by various...more

Pillsbury - Internet & Social Media Law Blog

The Internet Stole My Face: New Advances in Technology Could Make Everyone a Digital Video Puppet

“Believe nothing you hear, and only one half that you see.” Edgar Alan Poe wrote those words over a century ago, yet if he were alive today he may opt for the darker: “Believe nothing you hear and nothing you see.” Over the...more

Knobbe Martens

Can’t Say “I Ain’t Mad At Cha” for Copying Me

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On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2017

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It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

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Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Bowditch & Dewey

A “Thriller” in Tax Court: The Estate of Michael Jackson and IRS Dispute Valuation of Pop Star’s Image

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How much were the late King of Pop’s name and image worth when he died? His estate put the figure at $2,105 but the IRS believes the value is at least $434 million. That’s a huge discrepancy and with penalties and interest...more

Jaburg Wilk

Celebrity Brands: The Line Between Fair Use and Infringement

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All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Foley Hoag LLP - Trademark, Copyright &...

Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights

In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to...more

Pillsbury - Internet & Social Media Law Blog

Social Media Brings the Right of Publicity to the Masses

Do you consider yourself famous? If the answer is no, then you have likely never been concerned with the invasion of your right of publicity. The right of publicity is the right of a person in his or her identity—name or...more

Kelley Drye & Warren LLP

Michael Jordan Testifies He Doesn’t Do Deals For Less Than $10 Million: Jury Awards Him $8.9 Million In Lawsuit Over Use Of His...

A jury awarded Michael Jordan $8.9 million this week after he testified he doesn’t do deals for less than $10 million and he would never have done a deal with the grocery store chain Dominick’s Finer Foods, LLC, as it wasn’t...more

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