News & Analysis as of

Name and Likeness State and Local Government

Spilman Thomas & Battle, PLLC

Decoded Technology Law Insights, V 5, Issue 3, April 2024

Using AI to Build Cyber Resilience for Critical Infrastructure - "Cyber resilience serves as a literal survival strategy, offering a framework to detect threats, understand attacks, recover swiftly, and adapt to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Tennessee Law Addresses Proliferation of Deepfakes

Tennessee has enacted the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which aims to protect individuals from the use of their persona in connection with “deepfakes” (i.e., fake content generated by artificial...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 1, January 2024

Welcome to the first issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...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

Anything You Can Do I Can Do Better: State NIL Laws Continue to Change

The NIL arms race continues as states amend their name, image, and likeness (NIL) laws to gain a competitive advantage. The new trend is to allow colleges and universities within the state to be more involved in the NIL...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Members are Busy as Crossover Approaches

Brooks Pierce on

Legislators considered dozens of policy bills this week in advance of the May 4 crossover deadline (the date by which policy bills must pass one chamber to remain eligible)....more

DarrowEverett LLP

NIL-NIL: Exploring the Playing Field of Name, Image, and Likeness

DarrowEverett LLP on

The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth...more

Bricker Graydon LLP

NIL deals may soon enter the halls of Ohio's K-12 Schools

Bricker Graydon LLP on

Next month, the Ohio High School Athletic Association (OHSAA) is submitting to its member schools a series of proposed constitution and bylaw changes, one of which would allow students to continue participating in Ohio High...more

Rumberger | Kirk

Let’s Make A NIL Deal Part II: High School Student-Athletes Look to Get into the NIL Game

Rumberger | Kirk on

Less than six months after the U.S. Supreme Court’s NCAA v Alston decision, which opened the opportunity for college student-athletes to be compensated from their name, image and likeness, (NIL) high school students are now...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

College Athletes Now Allowed to Earn Money from Use of Their Name, Image, and Likeness

College athletes across the country are now able to make money off the use of their name, image, and likeness (NIL). This is true for athletes regardless of whether they are located in a state that has passed NIL legislation....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Alabama Becomes 10th State to Enact Name, Image, and Likeness Legislation for Student Athletes

On April 20, 2021, Alabama governor Kay Ivey signed into law a name, image, and likeness (NIL) bill, making Alabama the tenth state to enact such legislation. ...more

Benesch

IRPA Claims - A Troubling New Trend?

Benesch on

In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq....more

Kelley Drye & Warren LLP

New Year Will Bring Expanded Protections for Publicity and Privacy Rights Under New York Law

Kelley Drye & Warren LLP on

Last week, New York’s governor, Andrew Cuomo, signed a bill that makes significant amendments to New York’s Civil Rights Law, which codifies rights of publicity and privacy in the State. In addition to adding a long...more

Jackson Lewis P.C.

Virginia Considering Student-Athlete Name, Image And Likeness Legislation

Jackson Lewis P.C. on

Virginia has joined the ever-expanding number of states to introduce proposed legislation that would permit student-athletes to benefit from the marketing of their name, image and likeness. In fact, three individual bills...more

Jackson Lewis P.C.

UPDATE: California Senate Bill 206 Moves Closer To Becoming Law

Jackson Lewis P.C. on

California Senate Bill 206, formerly known as The Fair Pay To Play Act, which would allow college student-athletes within the state to profit from the use of their name, image and likeness without interfering with their...more

Polsinelli

Fantasy Sports Sites Win Challenge to Publicity Rights in Indiana

Polsinelli on

Recently, the Seventh Circuit affirmed that fantasy sports operators, such as FanDuel and Draft Kings, do not violate a student athlete’s right of publicity under Indiana law by using their name, image and likeness without...more

Dickinson Wright

Education Newsletter: Volume 2 Number 1

Dickinson Wright on

ARIZONA - Chandler, Arizona - In August and September reports came to light of victims of alleged hazing and sexual assault at Hamilton High School. The reported incidents were shocking. Assaults occurred between...more

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