On June 12, 2020, Florida Governor Ron DeSantis signed a bill that will allow collegiate athletes in the State to profit from the use of their names, images, and likenesses – their “rights of publicity.” The bill, SB 646 (the “Law”), will go into effect on July 1, 2021. Florida is the latest state to […]
Florida Grants College Athletes Rights of Publicity Read More »
October 29, 2018 In a landmark decision, the Indiana Supreme Court has ruled that student athletes do not have a right of publicity basis to prevent fantasy sports companies from using their names, pictures and/or statistics without the athletes’ consent under the State’s statute. Why did the Court find no preemptive right of publicity for
June 30, 2016 This week, FanDuel and DraftKings each made motions to dismiss a putative class action lawsuit pending in the Southern District Court of Indiana. In that lawsuit, three former college football players sued the fantasy sports companies for alleged violation of their rights of publicity under Indiana law by including their respective names
Fantasy Sports Companies Fight Right of Publicity Claims Read More »
February 1, 2016 Last Friday, the U.S. Court of Appeals for the Eighth Circuit upheld a Minnesota federal district court’s grant of summary judgment in favor the National Football League (the “League” or “NFL”) regarding the rights of publicity of former NFL players with respect to certain League film projects. How far-reaching are the implications
Eighth Circuit: Non-Commercial Copyright Use Preempts Right of Publicity Read More »
December 17, 2015 Yesterday morning, the Ninth Circuit Court of Appeals denied a request for a full rehearing of an earlier ruling in the Ed O’Bannon anti-trust lawsuit against the National Collegiate Athletic Association (“NCAA”). This decision could set the stage for either O’Bannon or the NCAA, which had opposed the rehearing, to petition the
Appeals Court Declines Request to Rehear O’Bannon Anti-Trust Case Read More »
November 2, 2015 Last Friday, Washington Redskins wide receiver Pierre Garçon filed a class action lawsuit against fantasy sports operator FanDuel Inc. (“FanDuel”). Among other things, the suit alleges that FanDuel violated National Football League (“NFL”) players’ rights of publicity through the unauthorized commercial use of each class member player’s name and likeness. Can fantasy
NFL Players File Right of Publicity Class Action Against FanDuel Read More »
April 13, 2015 Earlier this month, mixed martial arts (MMA) fighter Felice Herrig took to Instagram to accuse video game developer NetherRealm Studios and its parent/distributor Warner Bros. Interactive Entertainment, Inc. of using her likeness without permission. Herrig claims that her image served as a model for “Cassie Cage,” a character in the newly released
MMA Fighter: Game Developer Used My Likeness Without Permission Read More »
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