News & Analysis as of

Name and Likeness Right of Publicity

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

Jackson Lewis P.C.

New Illinois Laws Address Use of Generative AI and Digital Likeness, Publicity Rights

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Illinois continues to enact legislation regulating artificial intelligence (AI) and generative AI technologies. •A little less than a year ago, Gov. JB Pritzker signed H.B. 2123 into law. That law, becoming effective...more

Husch Blackwell LLP

House v. NCAA: Top Five Takeaways

Husch Blackwell LLP on

In July 2024, the National Collegiate Athletic Association (NCAA) and major athletic conferences reached an agreement with plaintiffs in connection with House v. NCAA that portends significant changes for college athletics....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

Sheppard Mullin Richter & Hampton LLP

USPTO Roundtable: AI and Right of Publicity

The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice,...more

Pillsbury - Internet & Social Media Law Blog

What You Need to Know If You’re Using AI-Generated Voices for Your Company

Global music superstar Taylor Swift began her music career in Nashville, so we thought it fitting that on July 1, with the end of the Eras Tour in sight, the Ensuring Likeness Voice and Image Security (ELVIS) Act went into...more

Baker Donelson

Re-Considering the Right of Publicity in the World of Generative AI

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Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal...more

Dunlap Bennett & Ludwig PLLC

That Robot Took My Voice: Scarlett Johansson And The Right Of Publicity

“A voice is as distinctive and personal as a face. The human voice is one of the most palpable ways identity is manifested. We are all aware that a friend is at once known by a few words on the phone. . . The singer manifests...more

Flaster Greenberg PC

Name, Image, and Likeness Compensation for Student-Athletes: From the Playing Field to the Courthouse, Is the Ball Now in...

Flaster Greenberg PC on

For decades, student-athletes have asserted that colleges and universities have benefitted from their participation in collegiate athletics, while the student athletes themselves receive nothing in return. A college...more

Kelley Drye & Warren LLP

NY Case Addresses Publicity Rights for People in the Background of Social Media Photos

This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you...more

Kelley Drye & Warren LLP

NBA Hall of Fame Player Sues Over Unauthorized Use of Image

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate...more

Pillsbury - Internet & Social Media Law Blog

The Brisk Evolution of Name, Image and Likeness (NIL) Rights

Developments in the world of name, image and likeness (NIL) rights continue to occur at an extremely swift pace. Within the last two weeks, Virginia amended its existing NIL laws to significantly strengthen student-athlete...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Lowenstein Sandler LLP

Right of Publicity Laws: New Jersey

Lowenstein Sandler LLP on

A Q&A guide to New Jersey right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity...more

Clark Hill PLC

ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

Clark Hill PLC on

Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies....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

BakerHostetler

A Celebrity Used our Product! Can we Put that in Advertising?

BakerHostetler on

Marketers understandably get excited when a celebrity is spotted using their product. It’s validation of all their efforts! Unfortunately, just because a celebrity has used the product – even if they have publicly posted...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 4: NIL Developments with Andy Johnson, Co-Founder of Hail! Impact

Maynard Nexsen on

Hosts Tina and Jennie are joined by Andy Johnson, Co-Founder and Chairman for Hail! Impact, a 501(c)(3) nonprofit that supports University of Michigan student-athletes. They discuss the current landscape and recent...more

Littler

Highlights of the Federal Proposals to Regulate NIL Deals

Littler on

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

Vondran Legal

Artificial Intelligence Law - Intellectual Property Protection for your voice?

Vondran Legal on

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more

Baker Donelson

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

Baker Donelson on

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

Holland & Knight LLP

Lawsuit with Claim of Unequal Access to NIL Opportunities Raises New Title IX Concerns

Holland & Knight LLP on

The University of Oregon Ducks have had a winning season on and off the football field: The team reached the Pac-12 Conference title game, and star players achieved among the highest name, image and likeness (NIL) valuations...more

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