News & Analysis as of

Right of Publicity Name and Likeness

Venable LLP

Possible Trump Executive Order on NIL Reform Would Face Legal Challenges

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After meeting with former University of Alabama football coach and seven-time national champion Nick Saban, President Trump is considering forming a college sports commission and issuing an executive order to establish...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

Ropes & Gray LLP

[Podcast] R&G Dugout: Navigating NIL—The Future of College Athletics and Investments

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On this episode of the R&G Dugout podcast, Ropes & Gray litigation & enforcement partner and lead of the firm’s sports industry initiative, Chris Conniff, is joined by intellectual property transactions partner Erica Han....more

Venable LLP

Your Employee's Right of Publicity (NIL)

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Your company believes it has an employee-friendly culture, and it wants to publicize/exhibit/promote/exploit that positive experience in its external marketing and promotional materials and internal correspondence and...more

Pillsbury - Internet & Social Media Law Blog

The Inevitable Evolution of NIL Rights Continues to Reconfigure the Economies of Collegiate Athletics

As 2024 comes to a close, permutations in the arena of name, image and likeness (NIL) impacting collegiate athletics continue unabated. Most prominently, Northern District of California District Judge Claudia Wilken...more

Troutman Pepper Locke

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

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Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

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

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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

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

Flaster Greenberg PC

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

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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

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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

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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

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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?

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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

Seyfarth Shaw LLP

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

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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

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