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Right of Publicity

Stop Saying That The NCAA Will Now Allow College Athletes To Profit

October 29, 2019 will either be remembered as the day that the NCAA signified a major shift in its position on whether college athletes should receive compensation in exchange for the commercial use of their names, images and likenesses, or it won’t. The bottom-line is that it is far too early to tell what the […]

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Right of Publicity Trademarks

And Down The Stretch They Come! Was Infringed, Says Sportscaster Dave Johnson

And down the stretch they come! It is a popular saying in horse racing, which was popularized by sportscaster and longtime ABC, CBS, ESPN and NBC voice Dave Johnson. It is also a phrase that is now the subject of a trademark infringement lawsuit pending in the U.S. District Court for the Southern District of […]

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Copyright Right of Publicity

No One Can Own A Dance Step, Says Fortnite Publisher In 2 Milly Lawsuit

Is it true that no one can own a dance step? That is what video game publisher Epic Games is arguing in a motion to dismiss that it filed on February 11 in a federal case that was brought by Terrence “2 Milly” Ferguson.

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Copyright Right of Publicity

Is There A Cause Of Action Surrounding Crying Michael Jordan?

By this point everyone has seen the picture of Michael Jordan crying at his Hall of Fame induction, as it is being used on memes everywhere. Can use of this photo in a meme get you sued? Copyright law grants exclusive rights of an original work to its creator, in this case the Associated Press. […]

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Copyright Right of Publicity Sports Law

An Athlete’s Right Of Publicity – An Active Area In Sports Law

One of the most publicized legal issues in Sports Law today deals with athletes’ right to publicity, and the infringement on these rights by companies seeking to capitalize on player names, images, and likenesses. The elements of a Right of Publicity claim vary from state to state, but there is a good deal of overlap […]

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Headline Intellectual Property Right of Publicity Sports Law

Sam Keller Seeks To Protect Athletes’ Right of Publicity

Here is a sample definition of likeness – name, silhouette, personality, appearance, performance, depiction, portrayal, photograph and voice.  It is an integral definition in many licensing agreements where one party hopes to be able to exploit the other party, usually for a hefty fee.  What if you were not entitled to just compensation for the […]

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Headline Intellectual Property Right of Publicity Sports Law

New Right Of Publicity Legislation Could Negatively Impact Athletes

Very talented athletes stand to make more money from off field/court/ice/etc. activities than what they earn based on performing in the trade that they are truly qualified.  Agents, attorneys, and marketers attempt to find and negotiate these deals for their athlete clients.  Often times, those deals are licensing agreements, or at least contain provisions that […]