News & Analysis as of

Right of Publicity Artists

Venable LLP

Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry

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Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial...more

Womble Bond Dickinson

AI has Achy Breaky Time in Tennessee (Protecting Artists’ Voices)

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Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with...more

Saul Ewing LLP

The “Fake Drake” Debate: Does AI-Generated Music Which Mimics an Artist’s Sound Infringe on Intellectual Property Rights?

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The use of artificial intelligence (AI) to create various forms of media raises interesting legal issues relating to the protection of intellectual property. Generative AI is being used to create songs that have vocals and...more

Morgan Lewis

Sports Sponsorship Agreements in the Digital Age

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Technological advances and changes prompted by COVID-19 have driven an evolution in sports sponsorship agreements, from traditional advertising to a digital-heavy and more accessible sponsorship environment. But with those...more

Foster Garvey PC

Sports & Entertainment Spotlight: Boosters in NIL Collectives Are Taking Full Advantage of Using NIL as a Recruiting Tool, and...

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Welcome back to the "Spotlight," welcome back to allergy season and welcome back, Kotter (I swear I’m younger than that reference would indicate). At any rate, this weekend, I am looking forward to welcoming Broadway back to...more

Foster Garvey PC

Cher Sues Mary Bono for $1 Million Over Missing Royalties

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- Cher filed a lawsuit against her late musical partner and ex-husband Sonny Bono’s widow over the rights to many of their cherished Sonny & Cher songs. She asked the court to block the trust which handles Sonny’s estate, the...more

Foster Garvey PC

Sedona Prince from Oregon Ducks Dubbed the Poster Child of NIL

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- NIL (name, image, likeness) continues to captivate headlines as athletes forge ahead with profit-churning ventures while still in school thanks to the NCAA’s new rules. Sedona Prince of the Oregon Ducks is a rock star as...more

Foster Garvey PC

It May Be “Simply the Best” that Tina Turner Sells Her Iconic Catalog to BMG

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- Tina Turner signed the rights of her iconic music catalogue spanning 60 years, including her name, image and likeness to a German music company, BMG. While Warner Music record label still manages her record, is this a sign...more

Foster Garvey PC

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

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- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

Foster Garvey PC

Universal Music Group’s Blockbuster IPO on European Stock Exchange Signals Music Biz Resurgence

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- There is that sweet sound of music as Universal Music Group’s IPO debuted as the largest in the history of the music business, with the listing on Euronext Amsterdam valuing the company at more than $53 billion. The stock’s...more

Foster Garvey PC

Ongoing Strife Between Studios and Talent Continues as Christopher Nolan Ends Nearly Two-Decade-Long Relationship With Warner...

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- Esteemed filmmaker Christopher Nolan’s decision to leave his 19-year-long relationship with Warner Bros. for Universal to make his next film (about Robert Oppenheimer and the creation of an atomic bomb) continues to...more

Foster Garvey PC

With Cryptocurrencies and NFTs Continuing to Boom, Financial Regulators Are Clamping Down

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- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg...more

Foster Garvey PC

The ‘Nirvana Baby’ Raises a Number of Legal Issues Including Right of Publicity

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- "Whose job is in Jeopardy?" Mike Richards may be an appropriate answer. Sony announces that he will be dropped as Executive Producer of the program on the tails of stepping down as a host. He joins a number of celebrities...more

Foster Garvey PC

Sponsorship Empire Such as Roger Federer’s Sparks an Interesting Debate: Do Celebrities Make the Brand or Do the Brand Make the...

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- With celebrities continuing to pad their bank accounts through endorsement deals, some questions remain: What makes them an icon? Is it their initial rise to fame or their brand? (See the Roger Federer story below) -...more

Foster Garvey PC

As Streaming Continues to Surge, More Backend Compensation Disputes Between Talent and Studios Likely to Follow

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- Beyoncé’s announcement of building a hemp farm (together with a honey farm) brings the perceived health benefits of CBD even further into the mainstream. Could this momentum ultimately lead to positive conversations around...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

Foster Garvey PC

Sports & Entertainment Spotlight: Can Celebrity Endorsements Influence Perceptions Around the COVID-19 Vaccine?

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- As the pandemic continues, the question arises: Could celebrities be the key to getting the country vaccinated? - Seemingly everyone is coming up a winner in the music business with the top three major companies bringing...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household...

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Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in...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

Foster Garvey PC

Sports & Entertainment Spotlight: Risks of NIL Pitfalls Prove Greater Than ‘NIL’

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Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Banning of Olympic-Hopeful Sha’Carri Richardson Sparks Discussion Regarding Marijuana...

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Laws — like people — are imperfect. They can be slow to adapt to evolving societal norms, and worse still, their application can yield unjust outcomes. Indeed, look no further than this past week’s developments involving...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Dawn of the NIL Era in College Sports

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Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Recent Senate Hearing Might Mean for a Federal NIL Law as State Laws Go Into Effect on...

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As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021 #2

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Less than three weeks remain for either the National Collegiate Athletic Association (NCAA) or for Congress to act to stem the impending chaos on July 1 when college athletes’ name, image and likeness (NIL) laws go into...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021

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Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more

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