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Several recent court rulings aptly demonstrate how the right of publicity continues to be a vital cutting-edge area of celebrity law. Two of these decisions involved the interplay of state right of publicity laws with federal statutes. The other ruling found a Nevada court looking to California to determine at what litigation stage an affirmative transformative use defense may be raised, then whether the “Duke Caboom” character from the animated movie Toy Story 4 violated the descendible right of publicity of celebrated motorcycle risk-taker Evel Knievel.
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By Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
By Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
By Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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