The Right of Publicity and Nil: A Comprehensive Guide
93 questions
93 questions on the right of publicity and nil, answered and cited by the UpLaw editorial team.
- Are athlete agents regulated?
- Are historical sports highlight films protected against publicity claims?
- Can a catchphrase alone violate someone's right of publicity?
- Can a distinctive object identify a person for right-of-publicity purposes?
- Can a drawing rather than a photograph violate the right of publicity?
- Can a publisher advertise its own protected work using someone's identity?
- Can a state protect publicity rights of people domiciled elsewhere?
- Can a state revive a post-mortem publicity right that did not exist at death?
- Can a synthetic AI-generated athlete in an ad violate the right of publicity?
- Can the same video game be lawful under the Lanham Act but unlawful under the right of publicity?
- Does a music sync and master license clear the artist's identity?
- Does continuous online availability restart the limitations period for a publicity claim?
- Does copyright preemption defeat a claim over an AI-generated likeness?
- Does insurance cover right-of-publicity claims?
- Does Jack Daniel's v. VIP Products affect right-of-publicity cases?
- Does letting users customize an avatar save a game publisher from a publicity claim?
- Does making money from a use make it “commercial speech”?
- Does New York have a common-law right of publicity?
- Does the newsworthiness privilege cover digitally altered editorial images?
- How broad is the newsworthiness privilege?
- How did Marilyn Monroe's estate lose her publicity rights?
- How did the college athlete NIL market actually begin?
- How do the three First Amendment tests compare?
- How is choice of law decided for a nationwide campaign?
- How is disgorgement of profits handled in a publicity case?
- How is the lost licensing fee measured in a publicity case?
- How long do post-mortem publicity rights last in the major states?
- Is an indemnity from an AI vendor adequate risk transfer?
- Is the NO FAKES Act law?
- What are Prosser's four privacy torts, and which one became the right of publicity?
- What are the costs of pleading a Lanham Act false-endorsement claim?
- What are the criticisms of the transformative-use test?
- What are the elements of a common-law right-of-publicity claim?
- What are the essential rules to remember about the right of publicity?
- What are the three kinds of state right-of-publicity regimes?
- What compliance issues do NIL collectives face?
- What did NCAA v. Alston decide?
- What did O'Bannon v. NCAA hold?
- What did the Copyright Office recommend about digital replicas?
- What did the House settlement establish?
- What did Wendt v. Host International hold about animatronic robots?
- What does California AB 1836 do?
- What does California AB 2602 do?
- What does California Civil Code § 3344 prohibit and what remedies does it provide?
- What does Lanham Act § 43(a) add to a right-of-publicity case?
- What does Restatement § 47 say is NOT a use “for purposes of trade”?
- What does the right of publicity protect?
- What does the TAKE IT DOWN Act do?
- What exactly did Haelan Laboratories decide?
- What exactly does Zacchini hold, and what does it not hold?
- What happened after the Keller and Hart litigation?
- What has the FTC done about AI impersonation?
- What is an AI vendor's best defense under the ELVIS Act's tool provision?
- What issues arise with high school and minor athletes' NIL deals?
- What is the anti-SLAPP risk for a right-of-publicity plaintiff?
- What is the central line between actionable and protected uses of identity?
- What is the clearance workflow that prevents a publicity lawsuit?
- What is the estate-planning lesson from the Monroe litigation?
- What is the Ninth Circuit's line of copyright-preemption cases in publicity law?
- What is the predominant-use test?
- What is the Rogers v. Grimaldi test?
- What is the rule for game and app developers depicting real people?
- What is the test for copyright preemption of a publicity claim?
- What is the transformative-use test and what question does it ask?
- What is the “unwritten fifth element” of a publicity claim?
- What litigation is the House settlement framework likely to generate?
- What other legal regimes does a synthetic-likeness case activate?
- What practical differences follow from treating publicity as property rather than privacy?
- What should a brand do before running a campaign built on a celebrity's identity?
- What should the grant-of-rights clause in an endorsement agreement cover?
- What special NIL issues do international student-athletes face?
- What terms most often cause endorsement-agreement disputes?
- What three limits are built into the Midler voice rule?
- What two changes did the ELVIS Act make to Tennessee law?
- What was the Roberson case and why did it matter?
- When are punitive damages available in a right-of-publicity case?
- Where does the harm from AI cloning of ordinary people fall?
- Where does the Restatement place the right of publicity, and why does that matter?
- Which forms of appropriation escape a typical publicity statute but not the common law?
- Which state first recognized the appropriation tort at common law?
- Who bears FTC exposure when an endorser fails to disclose a material connection?
- Who owns a college athlete's NIL rights?
- Why did Bette Midler's statutory claim fail but her common-law claim succeed?
- Why did EA lose the college athlete video game cases when it never used the players' names?
- Why did the Cardtoons parody cards win when the Spawn villain lost?
- Why does generative AI break the classical assumptions of publicity law?
- Why does Zacchini matter for AI cases?
- Why do statutory minimum damages matter in AI publicity cases?
- Why is asking a celebrity and being refused so dangerous for an advertiser?
- Why is Indiana a forum-shopping magnet for publicity claims?
- Why is the right of publicity a better fit for AI voice cloning than copyright?
- Why should a publicity plaintiff plead a Lanham Act claim too?
- Will a court enjoin an expressive work in a publicity case?