Guide · Intellectual Property

Right of Publicity and NIL: A Comprehensive Guide to Rights, Licensing, and Synthetic Likenesses

15 U.S.C. § 1125

Type
Guide
Jurisdiction
National
Date
2024-02-21
Topic
Intellectual Property

This guide covers the right of publicity end to end. It sets out the elements, the two historical branches, and who holds the right. It explains the federal false endorsement overlay and how it differs from the state claim. It works through the defenses that decide most contested cases, including the transformative use test and copyright preemption. It covers licensing in detail — scope, media, territory, term, exclusivity, approvals, compensation, and the two clauses people most regret. It treats name, image, and likeness in college athletics after the Supreme Court's antitrust decision. It explains postmortem rights and the domicile rule that determines them. It closes with synthetic likenesses, enforcement, damages, and compliance for businesses.

Right of Publicity and NIL: A Comprehensive Guide to Rights, Licensing, and Synthetic Likenesses

Intellectual Property > Right of Publicity and Name, Image, and Likeness | Published 21 February 2024 - Updated 21 October 2024 | UpLaw - uplaw.us

Part I: The Right

What It Is

The right to control the commercial use of one's identity — name, likeness, voice, signature, and other identifying attributes.

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