News & Analysis as of

Fair Use Name and Likeness

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

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Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – U.S. newspapers sue OpenAI and Microsoft, Financial Times of London reaches agreement, ELVIS Act, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #4

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The U.S. Supreme Court on Monday declined to hear an appeal by U.S. Soccer, leaving it to face an antitrust lawsuit that could open up the United States to official soccer matches involving foreign clubs....more

Davis Wright Tremaine LLP

Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence...more

Seyfarth Shaw LLP

The King is dead; long live the King: Tennessee’s Updated Right of Publicity Statute

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Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee...more

Arnall Golden Gregory LLP

The Pitch - February 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Wilson Sonsini Goodrich & Rosati

Courts Offer Further Insight on Video Games, Tattoos, and Copyright Infringement

Recent court decisions have provided helpful guidance on copyright infringement and tattoo designs, an issue that has spurred litigation from both virtual and real-world tattoo depictions....more

Stark & Stark

Proprietary Ink: How One Tattoo Artist Took Take-Two to the Mat Over Unauthorized Use of Replica Tattoos on Wrestlers in WWE 2K...

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Tattoo artist Catherine Alexander (“Alexander”) filed a lawsuit against World Wrestling Entertainment Inc. (“WWE”) and video game maker Take-Two Interactive Software Inc. (“Take-Two”) claiming they violated her intellectual...more

ArentFox Schiff

New/Old Threats to IP in the Metaverse

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The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

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In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

Weintraub Tobin

The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

Weintraub Tobin on

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

Goulston & Storrs PC

Are You Ready to Comply With Evolving Name, Image and Likeness (NIL) Rules and Regulations?

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Six states have enacted NIL legislation, another 27 states have proposed NIL legislation, the U.S. Congress has at least two bills proposed, the NAIA has enacted NIL rules, and in January 2021 the NCAA likely will endorse its...more

BakerHostetler

AD-ttorneys@law

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“Iron Mike” Tyson is a controversial sports figure who seems in equal parts loved and loathed by the public. Celebrated for a genuine world-class talent and derided for his behavior in and out of the ring, Tyson has a public...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2017

U.K. to Ban Gender Stereotypes in Ads - Gender stereotypes in advertising will be banned as a result of new guidelines that will be promulgated by the main advertising regulators in the United Kingdom and go into effect in...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

Dorsey & Whitney LLP

Sign O’ the Times: the Right of Publicity Comes to Minnesota

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The ability to control the use of one’s name, likeness, voice, and other personal attributes is known as the right of publicity. Unlike trademarks, patents, and copyrights, which are types of intellectual property governed...more

McDermott Will & Emery

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Knobbe Martens

To Tweet or Not to Tweet: Social Media and Intellectual Property Issues

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Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more

Kelley Drye & Warren LLP

Instagram for Sale: Artist Richard Prince’s New Portraits Sparks Controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince’s exhibit New Portraits, which first debuted at the Gagosian Gallery on September 19, 2014 and was reborn with...more

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