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Right of Publicity Advertising

Bond Schoeneck & King PLLC

New York’s New AI Guardrails on AI Generated Performers and Postmortem Digital Replicas: What Institutions of Higher Education...

New York has enacted two significant AI-related laws aimed at “protecting consumers and boosting AI transparency” as part of the state’s AI regulatory agenda at the very moment the federal government is asserting a contrary,...more

Katten Muchin Rosenman LLP

Fashion's Machine Age? - The Katten Kattwalk/Kattison Avenue | Issue 5

Fashion and entertainment professionals take note as New York enacts new AI laws New York City is the sun around which the US media and fashion system orbits, home to numerous modeling agencies and thousands of models...more

Davis Wright Tremaine LLP

New York State of Mind: Recent Laws in the Empire State Reshape How Content Creators and Advertisers May Use AI

On December 11, 2025, the same day the Trump Administration unveiled its Executive Order aimed at preempting state AI regulations, New York enacted two landmark laws targeting consumer-facing uses of AI. While applauded by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Two Newly Enacted New York Laws Will Regulate Certain AI-Generated Images

An amendment to General Business Law (S. 8420) applies to any person or entity that produces or creates advertising content. If such advertisements feature a “synthetic performer” — defined as a digitally created asset using...more

Troutman Pepper Locke

New York Enacts Laws Requiring Advertising Disclosures and NIL Consent for Artificial Intelligence

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On December 11, 2025, New York Governor Kathy Hochul signed into law two bills governing the use of artificial intelligence (AI) in advertising. The governor’s office described the bills as “first-in-the-nation legislation to...more

Foley Hoag LLP - Making Your Mark

Marketing Meets IP: How to Stay Creative Without Crossing Legal Lines

In today’s fast-paced digital landscape, marketing teams are under constant pressure to create bold, engaging campaigns. But creativity often collides with legal risk, especially when referencing other brands, copyrighted...more

Weintraub Tobin

The Briefing: The Man In Black v. Coca Cola: The New Soundalike Showdown

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Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash...more

Lasher

The Right of Publicity: Protecting Your Name, Image, and Likeness in Washington State

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If you use names, images, or likenesses in your business, whether for advertising, endorsements, or creative projects, it is essential you understand Washington’s right of publicity laws. Here is what you need to know about...more

Loeb & Loeb LLP

Lehrman v. Lovo Inc

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District court denies in part and grants in part AI startup’s motion to dismiss claims by voice actors involving creation and use of AI-generated voice clones, allowing breach of contract and right of publicity claims to...more

Potomac Law Group, PLLC

NIL Isn't Just For Athletes — Securing "Name, Image, and Likeness Rights" in Marketing

You need “name, image, and likeness” (NIL) rights to use an individual’s name, voice, image, or AI replica. The Internet and social media have rapidly multiplied the ways companies can promote their businesses and products,...more

American Conference Institute (ACI)

[Virtual Conference] The Legal and Regulatory Think Tank for Working with Influencers - July 16th, 9:00 am - 5:30 pm EST

Influencer marketing isn’t just a trend; it’s the new frontier of digital engagement. But with big opportunities come even bigger responsibilities (and risks). Join us for American Conference Institute and Canadian...more

Sheppard Mullin Richter & Hampton LLP

Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling...more

ArentFox Schiff

The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

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In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss....more

Klein Moynihan Turco LLP

Sweepstakes Winner Affidavits

The culmination of every successful sweepstakes promotion involves the picking of a winner, or multiple winners, as applicable. Winner selection also provides the sweepstakes operator with the opportunity to generate positive...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

BakerHostetler

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

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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

Vondran Legal

Artificial Intelligence Law - Intellectual Property Protection for your voice?

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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

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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

BakerHostetler

AD-ttorneys@law - October 2023

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Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

BakerHostetler

Customer Mailing Lists and The (Attempted) Expansion of the Right of Publicity

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As discussed in the 2023 Data Security Incident Response Report, over the past several years a wave of lawsuits was brought alleging violations of customers’ right of publicity based on the sale of customer mailing lists. The...more

BakerHostetler

AD-ttorneys@law - April 2023 #2

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Rapper 50 Cent Settles with Plastic Surgery Clinician - Claims clinic owner used snapshot to suggest ... something embarrassing - A Question You Wouldn’t Ask in Person - 50 Cent—rapper, TV producer, actor—once...more

Morrison & Foerster LLP - Social Media

Court Holds That Section 230’s Carve Out For “Intellectual Property” Does Not Apply To Publicity Rights Claim In New York

Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this...more

BakerHostetler

AD-ttorneys@law - December 2022 #2

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20 Years Later, TTB Agrees to Revisit Alcohol Labeling - Watchdogs claim a win, but are they being set up for a wait? Again? Anticipation - When last we left the doughty heroes of the Center for Science in the...more

BakerHostetler

AD-ttorneys@law - September 2022

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CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more

Foster Garvey PC

Sports & Entertainment Spotlight - July 2021

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Just months after breathing life into to the "Sports & Entertainment Spotlight," I am (well, my wife is) giving birth to a new creation — a baby boy. As such, I will be taking a break from the usual commentary (sleep...more

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