Pro Athletes Against Proposed Michigan “Right of Publicity” Bill

August 19, 2010 -

A proposed House Bill in Michigan that deals with the rights of an individual to control the commercial use of his or her “name, likeness or persona,” has drawn fire because of, among other things, an exemption for videogames.

HB5964 (full bill text) was introduced earlier this year on March 18, but has yet to be voted on since being referred to House Judiciary Committee that same month. Violators of the bill would be “liable for actual damages attributable to the unauthorized use of one or more of the personality’s attributes, including profits attributable to the unauthorized use not taken into account in computing actual damages, or $1,000, whichever was greater. “

The long list of exemptions in the bill’s text states that consent would not be required “for the use of one or more of personality’s attributes in any of the following works in any medium now known or hereafter used or devised, regardless of length or format.” The list included videogames, original works of art and various forms of media, such as magazines, newspapers or sports broadcasts.
 
These provisions caused Okalahoma City Thunder guard Morris Peterson and a variety of other athletes to complain to a state House committee that they opposed the bill, since “the measure would make it too easy for videogame and souvenir manufacturers to use their likenesses without athletes' permission.”


Comments

Re: Pro Athletes Against Proposed Michigan “Right of ...

I'm actually behind this since someone ripped off a roleplaying character of mine.

Re: Pro Athletes Against Proposed Michigan “Right of ...

You linked to a summary of the bill up there, not the actual text (which is here).

And yeah, considering that the "original work of art" exemption applies to "any medium now known or hereafter used or devised, regardless of length or format", I can see a strong argument that souvenirs would fall under the category.

Re: Pro Athletes Against Proposed Michigan “Right of ...

I don't see souvenirs on the allowed list, so the pro athletes' argument is void.

岩「hey Glenn Beck, I heard you oppose Net Neutrality, so we blocked your site.」

岩「…I can see why Hasselbeck's worried about fake guns killing fake people. afterall, she's a fake journalist on a fake news channel」

Re: Pro Athletes Against Proposed Michigan “Right of ...

I could see it being covered under 'original art'.

 
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E. Zachary KnightHad some fun discussions about that dumb dress on Facebook. I opened the original picture in GIMP and sampled the colors and determined them to be Blue and Gold. People still say I am wrong.02/27/2015 - 7:41pm
ConsterTime for something completely different: #teamwhiteandgoldllama!02/27/2015 - 7:27pm
ZippyDSMleeAndrew Eisen: I'll try. ^^02/27/2015 - 5:40pm
ZippyDSMlee james_fudge: That’s what I been doing damnit!! *bites your leg*. LOL All but a couple posts have been written in word 2010. This has had my full attention so I’ve been able to keep some consistency up today which is nice a shame it’s still gibberish ><02/27/2015 - 5:38pm
Andrew EisenLike I said, if you want to have a discussion or get a question answered, I'm more than happy to oblige. All I ask in return is you have enough respect for everyone else to take the time to compose a readable post.02/27/2015 - 5:35pm
ZippyDSMleeI suppose it would be poor of me to say this but thank you for taking the time to reply to my questions, it does help me every now and then to discuss things and update or refine my opinion on stuff.. I do miss the forums here….02/27/2015 - 5:31pm
james_fudgeYou could run it through Word :) It's not that hard.02/27/2015 - 5:30pm
ZippyDSMleeSomething’s I can be clearer on more simple constructs making me better understood. Stack my weaknesses with complex constructs and my bad sense of humor and ya it’s a mess.. Consistent clarity is a pain in the butt for me.02/27/2015 - 5:22pm
ZippyDSMleeHave I ever held a covnersion this long that dose not have issues?02/27/2015 - 5:18pm
ZippyDSMleeBetween being learning disabled and having “quirks” from 5th grade I communicate in streaming conscious, I derive information from written words out of order giving me issues revolving around context.02/27/2015 - 5:17pm
Andrew EisenYou're bullshitting. You can communicate clearly. I've seen you do it. If you want to have a discussion, fine. I'm more than happy to oblige but I'm not going to waste any more of my time if you insist on hiding behind the Zippy character.02/27/2015 - 5:15pm
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ZippyDSMleeAndrew Eisen: I was going to say… the basis of feminism(and many things) is group opinion, because she is a part of the group how can she not be influenced by and be lost in whose opinion starts where…but I guess that’s more an existential general human 02/27/2015 - 5:06pm
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