Category Archives: Rights of Publicity

Your Image Here: The NCAA Settles with Athletes Over Rights of Publicity

We’re all familiar with video games involving computer-generated depictions of real-life athletes; they are a multi-billion dollar industry.  Under pressure from consumers to make such games more and more realistic, software companies like Electronic Arts, Inc. have mined team rosters to allow gamers to field virtual versions of their favorite sports teams: a virtual Peyton (...) [Read More]

Can a celebrity’s post mortem right of publicity enter the public domain?

Banking on a dead celebrity’s right of publicity being public domain is an extremely dangerous advertising practice. Rights of publicity are a suite of legal rights that have developed from invasion of privacy and trademark law since the early 20th Century. There is a web of state and federal laws that can protect dead celebrities– even celebrities from (...) [Read More]

“Don’t be a Clown Bro,” Heavy hitters weigh in on protection of pro athlete catch phrases

Can professional athletes’ get exclusive rights to catch phrases like “DON’T BE A CLOWN BRO,”?  OberIPwatch’s Scott Johnson says that if catch phrase is is associated with the athlete, a catch phrase can become part of the athlete’s persona. Johnson was quoted in Sunday’s Maryland Daily Record article by Matt Owings: “…their persona is a brand,” Johnson said. “I don’t (...) [Read More]