Tag: Alienability

Draft Digital Replica Bill Risks Living Performers’ Rights over AI-Generated Replacements

The NO FAKES ACT released as a discussion draft last week proposes establishing a new federal digital replica right that would extend 70 years after a person’s death. The one-pager accompanying the draft highlights that the legislation is driven by concerns that “unauthorized recreations from generative artificial intelligence (AI)” will substitute for performances by the...

Letters and Statements of Opposition Filed Against Proposed New York Right of Publicity Bills

I sent a letter to members of the New York legislature and their staff today opposing the proposed right of publicity bills that have been introduced in the Senate and Assembly. I focus on four major concerns with the legislation: 1) the proposed redefinitions of the right of privacy and right of publicity, (2) the creation...

DJ Khaled Sues Over Use of His Son’s Name

Last week Khaled M. Khaled, known popularly as DJ Khaled, and the company ATK Entertainment filed a lawsuit objecting to the alleged uses of his son’s name by a clothing company. The complaint (as resubmitted yesterday) alleges violations of trademark law, right of publicity and privacy laws (under N.Y. Civil Rights Law §§50-51), and state...

The Topsy-Turvy Market in Dead People

My post today on The Volokh Conspiracy considers "The Market in Dead People," and the "ghoulish futures market in aging celebrities."  Read it in full here: https://reason.com/volokh/2018/05/10/the-market-in-dead-people This is the fourth of five installments of issues raised by my book, The Right of Publicity: Privacy Reimagined for a Public World.  

Reanimating Actors and the Dangers of a Transferable Right of Publicity

In "Only Robin Wright Should Own Robin Wright," I consider the dangers of the digital reanimation of actors and the creation of a transferable right to one's own name, likeness, and voice. This is the third post on The Volokh Conspiracy considering various issues raised by my just released book, The Right of Publicity: Privacy Reimagined...

New York Once Again Floats Right of Publicity Law

The New York Assembly introduced yet another right of publicity bill last week, Assembly Bill A08155. Such legislation is introduced almost every year in New York―focused on trying to add a post-mortem right which currently does not exist under New York law. Thus far, these bills have all failed to proceed. This time may be...

Celebrity Chef Sues to Cancel Contract Transferring His Right of Publicity

Celebrity chef Kent Rathbun has sued to invalidate an assignment of his rights to the use of his name and likeness. Rathbun, a former contestant on Iron Chef America and a four-time James Beard-Award nominated chef from Dallas, objects to an onerous contract he signed with H2R Restaurant Holdings and several other Texas businesses, including...

Arkansas Resurrects Right of Publicity Bill

The Arkansas legislature has reintroduced a right of publicity bill in the state after last year's bill was vetoed by its governor.  Governor Asa Hutchinson was concerned about the bill's limits on free speech.  Arkansas to date has only recognized a common law right of privacy and the tort of appropriation, tracking the Restatement (Second)...

Prince’s Death Sends Minnesota Legislature into Overdrive

Yesterday, the Minnesota legislature introduced a rushed bill to protect a right of publicity in that state and particularly to extend post-mortem rights in that state.  The bill came on the heels of the recent death on April 21st of the famous recording artist and composer Prince (aka Prince Rogers Nelson).  Prince apparently died without...

Child Star Chachi’s Lawsuit Against her Mother is Dismissed

Olivia “Chachi” Gonzales, 19, is best known for her appearance and victory on MTV’s “America’s Best Dance Crew” in 2011. Chachi designed her own dance apparel and started selling “Chachimomma” pants similar to ones that she made popular by wearing them on the TV show.  While Chachi was a minor, Chachi’s mother, Guadalope Gonzales, allegedly...