News & Analysis as of

Name and Likeness Proposed Legislation

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Manatt, Phelps & Phillips, LLP

Senators Officially Introduce NO FAKES Act with Digital Replica Right

On July 31, 2024, nearly ten months after introducing a discussion draft, a bipartisan group of Senators officially introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 (NO FAKES Act). The...more

McDonnell Boehnen Hulbert & Berghoff LLP

Interplay between image and likeness rights and AI central to gaming actor strike and newly proposed legislation

Last week, for the second time ever, members of the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) in the gaming industry (e.g., voice actors and motion capture artists) voted to strike...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2024

Welcome to the sixth issue of The Academic Advisor – our e-newsletter focused on education law insights. For this mid-summer edition, we take a deeper look at the newest developments regarding the 2024 amendments to...more

Proskauer - Labor Relations Update

House Considers Bill Declaring Student Athletes Not Employees

On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more

Latham & Watkins LLP

The ELVIS Act: Tennessee Shakes Up Its Right of Publicity Law and Takes On Generative AI

Latham & Watkins LLP on

A new Tennessee law seeks to impose liability on generative AI companies and internet platforms related to unauthorized use of a person’s voice or likeness. On March 21, 2024, Tennessee enacted the Ensuring Likeness,...more

AEON Law

Patent Poetry: Tennessee Passes Law Against AI Voice Copies

AEON Law on

The state of Tennessee has passed a law against the use of artificial intelligence (AI) to copy a person’s voice. The law, signed on March 21, is called the Ensuring Likeness, Voice and Image Security (ELVIS) Act....more

Troutman Pepper

NILAR: Oregon's New Bill Changes the Name of the Game

Troutman Pepper on

On February 14, the Oregon House of Representatives passed a bill amending the state’s law regarding name, image, and likeness (NIL). If the bill (HB 4119) passes through the state Senate, it would prohibit the NCAA, athletic...more

Littler

Highlights of the Federal Proposals to Regulate NIL Deals

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The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop...more

Baker Donelson

New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act

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Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and...more

Womble Bond Dickinson

Right of Publicity Bill Would Federally Regulate AI-Generated Fakes

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With deepfakes going around the Internet, the ability of AI tools to generate convincing and hyperreal replicas of a person’s likeness has raised a number of new issues, including the ability of rights of publicity (or “name,...more

Jackson Lewis P.C.

New Bi-Partisan Draft Legislation on Name, Image and Likeness: The College Athletes Protection & Compensation Act

Jackson Lewis P.C. on

An uncommon combination of three U.S. Senators, Sens. Richard Blumenthal (D-Conn), Jerry Moran (R-Kan.) and Cory Booker (D-NJ), collaborated to draft “The College Athletes Protection & Compensation Act” (the Act), which is...more

Bradley Arant Boult Cummings LLP

Another Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation Act

A trio of senators have joined the list of federal lawmakers circulating drafts of federal college name, image, and likeness (NIL) bills. This time, Sens. Richard Blumenthal (D-CT), Jerry Moran (R-KS), and Cory Booker (D-NJ)...more

Bradley Arant Boult Cummings LLP

NIL Tug of War: Evolving State NIL Laws and the Prospects of a Federal NIL Bill

Earlier this month, prominent figures in the realm of college sports gathered on Capitol Hill to advocate for federal name, image, and likeness (NIL) legislation. Currently, one NIL bill has been introduced in the House, and...more

Bradley Arant Boult Cummings LLP

What to Expect When You’re Expecting: An Overview of the Proposed Federal NIL Bill

A sneak peek into the potential future of federal name, image, and likeness (NIL) regulations has emerged with the release of a draft bill. This development marks the first significant step towards a federal NIL law since the...more

Gibney Anthony & Flaherty, LLP

Athlete Opportunity and Taxpayer Integrity Act: New NIL Legislation Seeks to Protect Student Athletes

U.S. Senators Ben Cardin (D-Md.) and John Thune (R-S.D) recently introduced the Athlete Opportunity and Taxpayer Integrity Act. The goal of the bipartisan legislation is to protect student athletes by preventing individuals...more

Rumberger | Kirk

Let’s Make a NIL Deal Part I: The Type of Deal Depends on the Athlete’s State Law or Institution

Rumberger | Kirk on

Less than a year ago, the NCAA removed a number of limitations on student-athletes’ ability to earn compensation while in college/university through an interim name, image, and likeness (NIL) policy.  In the short timeframe...more

Bradley Arant Boult Cummings LLP

Alabama and Florida Call an Audible on NIL Laws

While still relatively new, the laws and rule changes allowing college athletes to profit from use of their name, image, and likeness (NIL) have already had dramatic impacts on the landscape of college athletics. On June 30,...more

Jackson Lewis P.C.

State Name, Image, And Likeness Laws With July 1st Effective Dates Continue To Grow

Jackson Lewis P.C. on

The race to enact Name, Image and Likeness (NIL) legislation moves forward on a state-by-state basis while the NCAA continues to hold its promised formal NIL legislation in abeyance while awaiting one of several federal...more

Winstead PC

NIL Update: NCAA vs. Alston

Winstead PC on

In spring, 2021, events are poised to reshape the landscape of intercollegiate athletics as it has existed.  On March 31, the Supreme Court of the United States will hear oral argument in the case of NCAA vs. Alston....more

Jackson Lewis P.C.

Mississippi Student-Athletes Name, Image, And Likeness Law Awaits Governor’s Signature

Jackson Lewis P.C. on

Mississippi Governor Tate Reeves is expected to make Mississippi the seventh state to enact name, image, and likeness (NIL) legislation. When signed, the Mississippi Intercollegiate Athletics Compensation Rights Act will...more

Jackson Lewis P.C.

Bipartisan Name, Image, Likeness Bill Introduced In Congress

Jackson Lewis P.C. on

Legislation that would protect the rights of student-athletes to receive financial benefits from the commercial use of their name, image, and likeness (NIL), while prohibiting athletic associations, like the NCAA and colleges...more

Jackson Lewis P.C.

Senators To Introduce Additional Federal Legislation Regarding Collegiate Student-Athletes

Jackson Lewis P.C. on

For the second time in a little more than a month, Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker have announced plans to introduce additional federal legislation impacting collegiate...more

Miller Canfield

Michigan Introduces Legislation to Permit Likeness/Image Compensation for Student Athletes

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The Michigan House of Representatives introduced legislation that would allow college athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation. Michigan House Bill No. 5217...more

Sheppard Mullin Richter & Hampton LLP

Faces and Names: Modern Issues in Athlete Publicity Licensing

California Senate Bill 206, the “Fair Pay to Play Act,” was amended again last month, and is making its way through the legislature under sponsorship by Sen. Nancy Skinner-D and Sen. Steven Bradford-D. If passed, the new law...more

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