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'.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Mattsworknamehttp://www.foxnews.com/politics/2015/05/22/fec-backs-off-flirtation-with-regulating-internet/05/22/2015 - 1:34am
MattsworknameWell, on another subject, Saw this, and while I know it's fox news, thuoght I should share it05/22/2015 - 1:34am
MechaCrashYeah, even I think IP needs to dial it back.05/22/2015 - 12:35am
Mattsworknamesays05/21/2015 - 11:17pm
MattsworknameRE doc, everyone has a tendancy to let emotion get ahead of them, especially in an annoymous forum like the web. We have have those moments. Ip however has nothing but those moments. it's why I stopped responding to him, regardless of what he thinks or05/21/2015 - 11:17pm
DocMelonheadNo offense, but I see your behaviors in the comment sections uncalled for.05/21/2015 - 8:51pm
DocMelonheadHell, I could use both Goth_Skunk and IronPatriot as an example of such behavior between the two.05/21/2015 - 8:43pm
Andrew EisenMock? Ridicule? No, we're talking about serious threats and abuse, not people being cheeky or mean. Big difference.05/21/2015 - 8:42pm
DocMelonheadIn fact I see both mocks and ridicule between both the GamerGate Supporters and GamerGate Critics.05/21/2015 - 8:41pm
DocMelonheadAs for the Harassment, well, this is the internet; people will mock and ridicule whoever they want, whenever they want, at all times.05/21/2015 - 8:40pm
Mattsworknamegoth I think all media news outlets have that disclaimer05/21/2015 - 8:39pm
Andrew EisenThat's an... interesting way to interpret that.05/21/2015 - 8:36pm
Goth_SkunkAnd re BBC vs Rockstar: Ahh. I missed that. Woops!05/21/2015 - 8:33pm
Goth_SkunkAE: The entire disclaimer is a valid reason why I don't take it seriously. Particularly the part where they say "the information contained herein may not be necessarily accurate or current." Because fact-checking, like math, is haaaaaaaaard!05/21/2015 - 8:32pm
MattsworknameI take all media reporting with huge skepticism. the Mary sue Included. that said, there not as bad Jezebel.05/21/2015 - 8:27pm
DocMelonheadYou could say that the Mary Sue only interested in Gender issues in pop culture, and they only see GamerGate as a Hate group that fight for the oppressive status quo.05/21/2015 - 8:22pm
MechaCrashWell, can't blame him for not expanding on it and missing stories here. Sealioning people demanding proof of claims and then calling them liars when they provide it is busy work!05/21/2015 - 8:20pm
Andrew EisenRe: Mary Sue - Uh, why exactly? Re: Rockstar - Yep, we reported that earlier today.05/21/2015 - 8:12pm
Goth_SkunkRockstar is suing the BBC. http://ow.ly/NgzDm05/21/2015 - 8:00pm
Goth_SkunkWhy I don't take The Mary Sue seriously, and why you shouldn't either: http://ow.ly/Ngzkk05/21/2015 - 7:55pm
 

Be Heard - Contact Your Politician