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Right of Publicity Transformative Use

Lowenstein Sandler LLP

A Haystack in a Hurricane: The Legal Risks of Depicting Real People in Your NFT

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As Quentin Tarantino and Miramax prepare to head to court on February 24th over Tarantino’s Pulp Fiction NFT series, attorneys Matthew Savare and Brianne Polito from law firm Lowenstein Sandler explore the important legal...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

Fenwick & West LLP

Who Owns a Photograph in the Social Media Age?

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Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater...more

Weintraub Tobin

Copyright Risks Of Posting A “Non-Selfie”

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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

ArentFox Schiff

Court Body-Slams Wrestler’s Claim That Gears of War Video Game Character Infringed His Publicity Rights

ArentFox Schiff on

Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him....more

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

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Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Jackson Walker

For Frankie Carbone, Crime Doesn’t Pay

Jackson Walker on

“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...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

Dorsey & Whitney LLP

U.S. Supreme Court Punts on Dispute Involving NFL Players’ Publicity Rights

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The Supreme Court passed on an opportunity to review a recent appellate court decision holding that a video game publisher is not protected by the First Amendment for using the likenesses of former NFL football stars in the...more

Dorsey & Whitney LLP

#ThatPostCouldCauseALegalRoast (Are you using Instagram content illegally… without even knowing it?)

Dorsey & Whitney LLP on

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

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Jackson Walker

Stacy Allen Speaks: The Good, The Bad, And The Ugly: Unpopular Celebrities And The Right Of Publicity

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In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more

Weintraub Tobin

Electronic Arts and its Disrespect for the Game

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On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more

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