Dan Nabel

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As anyone who plays video games these days knows, computer-generated representations of real people have become both increasingly commonplace and incredibly realistic. So much so, that a new area of litigation has emerged: right of publicity lawsuits for the unauthorized use of a person’s likeness in a video game.

Right of Publicity Law

The basic idea of the right of publicity is quite simple. Under the laws of most states, a person has the right to control the commercial use of his or her identity or “likeness.” This right encompasses all of a person’s distinctive characteristics, e.g., the sound of a chanteuse’s voice; a basketball star’s former name; or even a race car driver’s distinctive racing car. Traditionally, right of publicity lawsuits have been filed over unauthorized uses of a celebrity’s likeness in advertisements (usually television commercials): Continue reading the full story . . . »

Jesse Saivar

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Q: There’s a song on one of my favorite albums that I’ve always thought would be perfect in a movie. I’ve been making movies for a few years now and finally have a project that the song is perfect for. Who do I need to contact to get permission?

A: Let me guess. You want to use “Oops I Did It Again” in your sequel to Titanic. I’m glad you feel passionate about the song. Now comes the hard part. You’ve got to figure out what rights you need and from whom you need them. Continue reading the full story . . . »

Rachel Valadez

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If you aren’t aware that the current film industry buzzword on the lips of theater-goers and film industry executives alike is “3D,” then you must have been living under a rock since December 18, 2009. That’s the date James Cameron’s 3D, Oscar Award-winning epic, Avatar, opened in theaters across the country and around the world. In the wake ofAvatar’s unprecedented success (it is the highest grossing film of all time after all), action film junkies, fan boys and girls, family fare devotees and those just wanting to check out the big summer blockbuster, are eager to see whether they will be watching their next “can’t wait” movie wearing those ever so attractive glasses. Continue reading the full story . . . »

Rachel Wilkes Barchie

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On April 12, 2010, Conan O’Brien thrilled fans in this blogger’s hometown of Eugene, Oregon with the kickoff to his new touring stand-up show that makes light of his severance contract with NBC: the “Legally Prohibited From Being Funny on Television Tour.” As has been widely reported, the terms of O’Brien’s severance prohibit his appearance on TV, radio or internet appearances until at least May and on starting a new TV show until September. Starting in November, it was announced last month, O’Brien will be appearing Monday through Thursday at 11 p.m. on TBS in a yet-to-be-named show (in my unsolicited opinion, I like the simple ring of “The Coco Show”). Continue reading the full story . . . »

Steve Smith

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The lawsuit between Activision and the founders of Infinity Ward, Jason West and Vince Zampella, over the Call of Duty: Modern Warfare franchise may be a war, but it is anything but modern. It exemplifies the classic, time-honored struggle between the artist and the sponsor who funds the artist’s work. Whether it is the author versus the publisher, the actor versus the studio, the player versus the team owner or the musician versus the record label, the struggle has always been the same. Who is responsible for the success of an artistic enterprise? The artist who created the work or the investor who gave the artist the means by which to create? Continue reading the full story . . . »

Aaron Moss

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Tiger Woods’ alleged mistresses are nothing if not enterprising. Case in point: as reported in the L.A. Times, alleged Mistress Number 11, Joslyn James, recently set up a website — sextingjoslynjames.com — in which she posted over 100 allegedly X-rated text messages allegedly sent to her by Tiger Woods. I checked out the site for myself, and can now confirm at least one of those “alleged” facts: the stuff is pretty graphic. Whether Tiger actually wrote the texts remains unknown — but creates an interesting intellectual property dilemma. Continue reading the full story . . . »