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Suit by 1983 championship NC State team against NCAA, CLC may be one to watch

June 13, 2024 No Comments »
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With the rapid passage of various so-called “NIL” statutes in numerous states, it is perhaps inevitable that a claim will come along which may not be fully answered by the statutory provisions. Without speculating if that will be applicable in the following, I will note simply that the dynamics of the recently filed suit against the NCAA and Collegiate Licensing Company by players of the North Carolina State 1983 championship team, may be one to watch. Here’s a link with more information about the filing: Players from 1983 NC State team file suit against NCAA, CLC


SCOTUS Prince ruling against fair use in Goldsmith Andy Warhol case may connect to upcoming AI issues

May 5, 2023 No Comments »
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As has been well-documented, the United States Supreme Court recently ruled in favor of photographer Lynn Goldsmith in finding that Andy Warhol’s Prince series was not a transformative use of Goldsmith’s photograph under fair use analysis. As it pertains more directly to the Right of Publicity, it is interesting to note that in Comedy III, Warhol’s Marilyn was the cited example of a transformative work. Be that as it may, in light of fast-developing discussions pertaining to Artificial Intelligence (AI), the SCOTUS Warhol ruling may provide support for the argument that AI creative output is a derivative work of the original. We’ll see.


Bijan Mustardson illustrates Right of Publicity (NIL) in action

August 19, 2022 No Comments »
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In what may be a contender in the “most clever” licensing event of recent times, the running back for Texas, Bijan Robinson, is involved in a mustard line launch entitled “Bijon Mustardson.” It is, quite obviously, a dijon mustard. Also, quite obviously, this “NIL deal” is more properly understood as a Right of Publicity matter, though admittedly involving a collegiate athlete. We’ll let semantics have a rest and simply enjoy when the licensing deals practically write themselves. Here’s a link to more info:

Bijan Mustardson” rel=”noopener” target=”_blank”>Bijan


Mel Gibson and Miel Gibson honey

August 19, 2020 No Comments »
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I’ve seen some commentary on Mel Gibson’s issuance of a letter to the person behind a Chilean honey branded “Miel Gibson.”  Here’s a link to more coverage of the story:  https://www.abc.net.au/news/2020-08-15/mel-gibson-threatens-to-sue-chilean-honey-maker-over-image-use/12562438

To date, the developments consist of a letter being issued.  No lawsuit has been filed.  The letter seems to indicate a willingness for the Chilean business person to continue to some extent, but requests his image be removed.  Reportedly, after the recipient shared the letter online, her social media grew “exponentially.”

There’s no question that the product name and packaging ties to Mel Gibson.  For those who don’t like the contents of or even issuance of the letter, I would ask “what would you advise be done?”


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