News & Analysis as of

Name and Likeness Right of Publicity Social Media

Jackson Lewis P.C.

New Illinois Laws Address Use of Generative AI and Digital Likeness, Publicity Rights

Jackson Lewis P.C. on

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

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

Moore & Van Allen PLLC

The Right of Publicity in the Age of Technology, Social Media, and Heightened Cultural Exchange

Moore & Van Allen PLLC on

Imagine you are a rising social media star. You create a video using a catchy phrase that immediately takes off. The phrase gains national, even global, attention and everyone begins using it. Now, let us say a company uses...more

Troutman Pepper

Illinois, We Have a Problem: Judge Refuses to Dismiss IRPA Privacy Claim Against RocketReach

Troutman Pepper on

A U.S. district judge in Illinois recently denied a motion to dismiss in a class action involving an alleged violation of the Illinois’ Right of Publicity Act (IRPA). The court determined that the defendant’s arguments were...more

Foster Garvey PC

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

Foster Garvey PC on

- 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 Dawn of the NIL Era in College Sports

Foster Garvey PC on

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 - June 2021 #2

Foster Garvey PC on

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 - May 2021 #4

Foster Garvey PC on

Throughout the United States, people are eagerly preparing for this Memorial Day Weekend (MDW), which marks the unofficial start of summer (not to mention those who made the ultimate sacrifice for the country). If you listen...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #5

Foster Garvey PC on

First and foremost (and not to detract from Sir Anthony Hopkins—lest I incur the wrath of Hannibal Lecter himself), the late Chadwick Boseman should have won the Best Actor Oscar for his performance in “Ma Rainey’s Black...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #3

Foster Garvey PC on

“Happy” Tax Day to those of you here in the United States celebrating/commiserating (noting of course that certain taxpayers have until May 17 to file their returns this year). Like taxes, this installment of the Spotlight...more

Foster Garvey PC

Sports & Entertainment Spotlight - March 2021 #4

Foster Garvey PC on

Happy Spring! After an especially long winter throughout several parts of the country, it is a welcome sight to see many of the familiar hallmarks of this time of year (even as our daily lives remain markedly different from...more

Foster Garvey PC

Sports & Entertainment Spotlight - March 2021 #2

Foster Garvey PC on

Welcome back to another week in the Spotlight. It is truly remarkable to think that it has (already? only?) been one year since the World Health Organization’s declaration of the COVID-19 pandemic, shuttering sports arenas,...more

Fenwick & West LLP

Who Owns a Photograph in the Social Media Age?

Fenwick & West LLP on

Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater...more

Fox Rothschild LLP

Don’t Forget To Consider The Right Of Publicity!

Fox Rothschild LLP on

With the continued growth of social media and companies seeking to expand their online presence, companies are reminded to keep right of publicity considerations at the forefront of all promotional decisions. As discussed in...more

Dorsey & Whitney LLP

Forever 21 and Ariana Grande “Face-Off” Over Lookalike Images

Dorsey & Whitney LLP on

Ariana Grande, identified in a recent complaint filed in federal court as an “internationally renowned singer, songwriter and actress,” is challenging struggling retailer Forever 21’s use of images that allegedly mimic Ms....more

Jackson Walker

Coordinating What Can’t Be Unseen: Forming a Thorough Online Strategy

Jackson Walker on

Social media platforms such as Instagram and Twitter are essential to any successful modern marketing and outreach strategy. But the pursuit of turning likes and shares into dollars and cents is not without its risks. For...more

Gray Reed

Great Pic! But Can You Use It?

Gray Reed on

Running for office, Starr Struuck sent out a campaign newsletter extolling her qualifications and a list of reasons why she should be elected rather than her incumbent opponent. Prominently displayed in her newsletter and...more

Foley Hoag LLP - Making Your Mark

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Navigating the Lifecycle of an Eponymous Brand (Part 3)

In this three-part series, we identified three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercializing the Brand, and (3) Legacy of the Brand. In Part 1, we discussed what is at...more

Manatt, Phelps & Phillips, LLP

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Knobbe Martens

To Tweet or Not to Tweet: Social Media and Intellectual Property Issues

Knobbe Martens on

Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more

Pillsbury - Internet & Social Media Law Blog

Social Media Brings the Right of Publicity to the Masses

Do you consider yourself famous? If the answer is no, then you have likely never been concerned with the invasion of your right of publicity. The right of publicity is the right of a person in his or her identity—name or...more

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