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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Matthew WilsonI know most of my friends first saw robotech when it was on Toonami in the mid 90s, but it is possible that a fan who watched it in the 80s are in a position to do it.03/27/2015 - 1:04pm
Andrew EisenRobotech was mid 80s. Fans of the show (who were kids when it aired) are my age and older.03/27/2015 - 1:01pm
Matthew Wilsontiming. anime only really became widely known in the US in the mid 90s. if we assume it was mostly kids watching it, they still wouldnt be high enough in managment to be given full creative control yet. it would still be another 5 to 10 years for that.03/27/2015 - 12:59pm
Andrew EisenI agree. Now what makes you think that there is no one in power who cares about (or has the ability to) make a good adaptation?03/27/2015 - 12:47pm
Matthew Wilsonits not about pratice, it is about people who understand it getting in to positions of power.03/27/2015 - 12:34pm
Matthew Wilsonallot of the comic book characters that have been turned in to good movies started in the 70s or earlier.03/27/2015 - 12:32pm
Andrew EisenWell, if it really does take two generations of practice to get it right, we'll never get good live action adaptations of anime if no one starts making them.03/27/2015 - 12:31pm
Andrew EisenWhat have you seen that would make you say that?03/27/2015 - 12:30pm
Matthew WilsonIt took 2 genarations of comic book reader before we got good comic book movies. I imagine that will be the case for anime as well.03/27/2015 - 12:28pm
Matthew Wilson@AE yes if they have people that understand the content give it a shot, but as far as I can tell that does not look like it is happening in this case.03/27/2015 - 12:26pm
Andrew EisenI understand the skepticism but I don't think "this will never work" and "no one should even bother" are very healthy attitudes.03/27/2015 - 12:11pm
Andrew EisenWhy would you doubt that? A lot of writers are my age and older, the perfect age to be fans of the content. All I'm saying is it's not impossible to get a good Robotech movie. In fact, it's more likely today than any other time.03/27/2015 - 12:11pm
Matthew Wilson@AE the difference is in the case of marvel the writers and directors clearly understand the source content. I doubt many of any of them are that way with robotech, or any anime for that matter.03/27/2015 - 11:10am
MaskedPixelantehttp://www.playstationtrophies.org/news/news-15838-Sony-Cuts-the-Price-of-PlayStation-TV-Today.html Sony cuts the price of the Vita TV in the UK, still wont force developers to make their stuff compatible with it.03/27/2015 - 10:49am
Andrew EisenMechaCrash - It's true, there are a lot of examples of crap adaptations. But there are increasing numbers of great adaptations such as the Marvel movies. That said, it's certainly going to be an uphill battle at Sony, especially with Tom Rothman around.03/27/2015 - 10:45am
ZippyDSMleeOh live action crap...I dunno with hollywood being stuck in the 90s grimdarkblack mode I can not see how anything would work well other than SNK or Akira.. then again Akira is a bit of head trip...03/27/2015 - 10:11am
MechaCrashI meant Hollywood in general. If they did a Robotech movie, it'd just be a slightly tweaked Macross, because usually when people talk about Robotech, they just mean the first third. Nobody cares about the Masters/Southern Cross or Invid/MOSPAEDA stuff.03/27/2015 - 9:36am
ZippyDSMleeYes Macross is good..... robotech....not so much..... Now Pizza Cats that's the definitive TV dub, if not best dub ever I'd put it up there with COwboy Bebop just becuse the Pizza Cats dub is fun as heck and crazy,Medabots and Fighting Foodons are decent.03/27/2015 - 9:20am
InfophileAged well plot-wise, I mean. The animation is showing its age, but if you don't mind that, the plot holds up quite well03/27/2015 - 6:52am
InfophileRobotech may be 30 years old, but it's actually aged pretty well. Plus, one of the three Japanese franchises that went into making it, Macross, is coming out with a new series soon. So it's far from forgotten or out-of-date03/27/2015 - 6:50am
 

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