Work This Way: A Labor & Employment Law Podcast - Episode 4: NIL Developments with Andy Johnson, Co-Founder of Hail! Impact
Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA NIL - Where Things Stand One Year Later
Podcast: The Briefing by the IP Law Blog - Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
The Briefing by the IP Law Blog: Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
Game On: College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
Podcast: The Briefing by the IP Law Blog - Defamation Lawsuit Against Netflix Dropped + NY Protects Dead Celebrities
Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities
JONES DAY TALKS® Game Changer? California's Fair Pay to Play Act and the Future of College Sports
Wearables and the Future of Intellectual Property Law
Captain Phillips' Crew Lawsuit Has No Merit
Moments before former President Donald Trump took to the stage at a Montana rally this August, Celine Dion’s 1997 hit, “My Heart Will Go On,” blasted over the speakers while a clip appeared onscreen. It took less than 24...more
On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers...more
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
Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more
The US Senate Judiciary Committee’s Subcommittee on Intellectual Property recently held its second hearing in two months on issues at the intersection of artificial intelligence (AI) and intellectual property (IP) rights. ...more
With the proliferation of social media and the ready access to images on the Internet and on any number of platforms, it’s just so easy to copy an image or video that moves you and post it on your social media accounts. Easy...more
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
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th...more
One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more
“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
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
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
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
Love it or hate it, Instagram is coming to dominate the world of advertising. During Super Bowl 50, 38 million people reportedly made 155 million Super Bowl-related interactions on Instagram. ...more
Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more
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
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
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
It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, imitating (or straight-up copying) other peoples’ content can be the quickest...more
The answer is one that frustrates people the most — it depends. In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on...more
In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet -...more