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09.11.2020

“Right of Publicity: Hidden Traps and Suggested Strategies”

Virtual panel at the 2020 Annual Meeting & Leadership Meeting On-Demand Sessions by INTA with Margret Knitter.

[Translate to English:]
[Translate to English:]

Event Date

9. November 2020

Topic

„Right of Publicity: Hidden Traps and Suggested Strategies“

Contents

“There are no harmonized right of publicity laws. In fact, when looking at the United States, there is no single federal law; rather, rights are determined at the state level. The lack of harmonization is a roadblock when considering that we live in a global marketplace where communications and marketing materials cross borders in moments across social media, e-commerce sites, and other forms of electronic communication.

Right of publicity claims may lurk in obscurity, as the right applies to more subtle situations than using someone’s name or likeliness in an ad. Sharing, reposting, or liking celebrities’ photos or posts on social media might be problematic. Also, considering the dos and don’ts for use in video games, songs, and elsewhere is a challenge for legal practitioners.

This panel will discuss recent cases on the right of publicity and will provide some best practices and considerations for when you are considering the use of personal characteristics of a famous, infamous, or unknown individual, such as:

  • First Amendment protections which may limit the right of publicity
  • Transferability of the right of publicity and post-mortem rights
  • Choice of law: Considerations for public personalities living outside of the United States

Panelists: Margret Knitter (SKW Schwarz Rechtsanwälte), Andrew Avsec (Brinks Gilson & Leone, USA), Jeremy Blum (Bristows, United Kingdom)

The complete Agenda of the 2020 Annual Meeting & Leadership Meeting On-Demand Sessions, the speakers and more informationen can be found here.

Speakers

Margret Knitter
SKW Schwarz

Margret Knitter

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