PODCAST: 2016 Update on the Right of Publicity

This afternoon I presented to the Michigan IP Law Association on “The Good, the Bad, and the Ugly: Recent Developments in Right of Publicity Law.” Just over 30 minutes long, this speech gives a concise summary of what the Right of Publicity is, and how case law interpreting it has developed over the past few[…]

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Rosa Parks’ Legal Force Awakens, But Her Likeness Will Stay at Target

Apologies for the horrible Star Wars puns, but such are the times. A more salient headline probably would have been, “Freedom of Speech Outweighs Rosa Parks’ Publicity Rights.” This case has been broadly covered by the legal blogosphere, but it’s too central to my practice area not to discuss here. I have long been developing[…]

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Social Reading Raises New Copyright and Publicity Rights Issues

The following is paraphrased from a talk I gave at the International Digital Publishing Forum’s 2015 Digital Book Conference in Manhattan. Recent Innovations in Social Reading “Social reading” is a publishing industry buzzword that has come to encompass a variety of methods for using digital platforms to expand the reading experience. This includes such simple features[…]

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Privacy in Augmented Reality

Earlier this week, I had the opportunity to speak to the Mobile Monday Michigan meetup group on “Privacy in Augmented Reality.” The group also held a drawing for a free copy of my book, Augmented Reality Law, Privacy, and Ethics. A copy of my Prezi slides is embedded below. During the talk, I covered such[…]

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LinkedIn Lawsuit Again Shows Personal Relationships Can Have Commercial Value

I have argued for years that social media will help redefine and expand the right of publicity–that common-law right to control the commercial exploitation of one’s personal identity–because the entire medium is premised on users’ identities. We saw a major milestone in this regard with the 2011 decisions in Cohen v. Facebook and Fraley v.[…]

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Augmented … Rape? New Short Film Explores the Really Dark Side of AR

“Living in a world of grey, two M.I.T graduates invent a gadget that will not only rival one of the worlds largest tech companies but the morality of our society as a whole.” That’s how first-time filmmaker Antonio R. Cannady summarizes Ex Post Facto, the 13-minute short film he published on YouTube on August 5,[…]

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Can I Augment That? 5 Targets to Be Wary of When Making AR

With the steady growth of new tools for user-generated augmented reality, I’ve been fielding a ton of questions lately on whether it’s legally okay to augment particular content. In other words–if you’re not familiar with how AR works–they want to know if it’s permissible to associate certain digital content with a particular physical object (the[…]

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Klout, Commercial Value, and the Right of Publicity

It was the Red Bull that got my attention.  Before then, I had “earned”” occasional “perks” through my Klout account–from brands I’d never heard of, like a new flavor of vodka or a romance novelist–but I hadn’t paid much attention to them. Red Bull, though, was a brand that meant something to me. And here[…]

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IP in an Augmented Reality

My latest article, “IP in an Augmented Reality,” was just published in the Jan/Feb 2014 issue of Landslide, the magazine of the American Bar Association’s IP Section.  It summarizes how copyright, patent, trademark, and publicity rights law will apply to AR technologies. An excerpt is below.  Click here to read the full article on the[…]

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IP in an Augmented Reality (Podcast)

Earlier this month I presented to the Michigan Intellectual Property Lawyer’s Association on “IP in an Augmented Reality.”  This speech is similar to ones I’ve given to IP groups elsewhere in the country. In it, I discuss what augmented reality is, how it will affect our everyday activities in almost every facet of life, and[…]

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