News & Analysis as of

Right of Publicity Music

Venable LLP

Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry

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Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial...more

Womble Bond Dickinson

AI has Achy Breaky Time in Tennessee (Protecting Artists’ Voices)

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Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with...more

ArentFox Schiff

Voice to be a New Property Right of Musical Artists to Protect Against Unauthorized “Soundalikes”

ArentFox Schiff on

Proposed bills at the federal and state level were announced January 10, both intended to protect recording artists and the music industry from unauthorized “soundalike” vocals created using artificial intelligence (AI)...more

Saul Ewing LLP

The “Fake Drake” Debate: Does AI-Generated Music Which Mimics an Artist’s Sound Infringe on Intellectual Property Rights?

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The use of artificial intelligence (AI) to create various forms of media raises interesting legal issues relating to the protection of intellectual property. Generative AI is being used to create songs that have vocals and...more

Whitman Legal Solutions, LLC

Just Because It’s On the Internet Doesn’t Mean It’s In the Public Domain

Just Because it’s Published Doesn’t Mean it’s in the Public Domain - Some people think that if something is on the Internet, it’s in the public domain and is fair game to be copied. Not true! Giving the public access to an...more

Foster Garvey PC

It May Be “Simply the Best” that Tina Turner Sells Her Iconic Catalog to BMG

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- Tina Turner signed the rights of her iconic music catalogue spanning 60 years, including her name, image and likeness to a German music company, BMG. While Warner Music record label still manages her record, is this a sign...more

Foster Garvey PC

Sports & Entertainment Spotlight - March 2021 #2

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Welcome back to another week in the Spotlight. It is truly remarkable to think that it has (already? only?) been one year since the World Health Organization’s declaration of the COVID-19 pandemic, shuttering sports arenas,...more

Dorsey & Whitney LLP

“Running Man” Case Trips, Falls, and Is Dismissed

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Just two months ago, we published a post about an Eastern District of Pennsylvania decision in the Pellegrino v. Epic Games case regarding Epic’s online battle royale video game, Fortnite. In that case, saxophonist Leo...more

Dorsey & Whitney LLP

Epic Games Battles for Victory Dances in Fortnite Copyright Lawsuits

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If you know how to Floss and Milly Rock, then you are way more hip than most, including the author of this post. Both are popular dance moves, along with the Shoot, Running Man, and the Carlton, the latter made famous by...more

Kelley Drye & Warren LLP

Aretha Franklin Is Looking For A Little Respect From Telluride And Toronto Film Festivals

On September 4, 2015, a long running legal battle over the right to use footage from a 1972 concert by Aretha Franklin took a twist right out of a Hollywood movie when the Queen of Soul sought, and was granted, a temporary...more

McDermott Will & Emery

Bob Marley’s Heirs Lanham Act Win Upheld - Fifty-Six Hope Road Music v. A.V.E.L.A., Inc.

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Addressing the issue of when the use of a celebrity’s likeness or persona in connection with a product constitutes a false endorsement that is actionable under the Lanham Act, the U.S. Court of Appeals for the Ninth Circuit...more

McDermott Will & Emery

Experience Jimi Hendrix, Post-Mortem Publicity Rights - Experience Hendrix LLC et al. v. HendrixLicensing.com LTD et al.

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court’s ruling finding unconstitutional the provisions of the Washington Personality Rights Act pertaining to post-mortem publicity rights, qualified that...more

Greenberg Glusker LLP

“Hustlin’” to a Legal Victory: Rick Ross and the Right of Publicity

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California gives you the right to profit from your own identity. But what if you assume somebody else’s? Rick Ross is famous for rapping about cocaine. Ricky D. Ross is famous for selling it. Ross (the cocaine...more

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