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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TechnogeekIn large part, though, that's an extension of the level of unjust deference given to police in general. Kind of hard to find any real grievances to defend against when the organizational culture views "complains about coworker" as worse than "murderer".07/07/2015 - 8:45pm
TechnogeekThat's a police union.07/07/2015 - 8:43pm
TechnogeekNo, police unions are worse by far. Imagine every negative stereotype about unions, then add "we can get away with anything".07/07/2015 - 8:43pm
Goth_SkunkeZeek: No, I do not agree they are union members.07/07/2015 - 7:48pm
E. Zachary KnightTeachers unions are just as bad as police unions, except of course you are far less likely to be killed by a teacher on duty than you are a cop. But they also protect bad teachers from being fired.07/07/2015 - 6:29pm
E. Zachary KnightGoth, so you agree they are still union members. Thankfully we have a first ammendment that protects people from being forced to join groups they don't support (in most cases any way.)07/07/2015 - 6:27pm
E. Zachary KnightAh, police unions. The reason why cops can't get fired when they beat a defenseless mentally ill homeless person to death. Or when they throw a grenade into a baby's crib. Or when theykill people they were called in to help not hurt themselves.07/07/2015 - 6:26pm
Goth_SkunkeZeek: Non-union employees have no right to attend meetings or union convention/AGM, or influence policy. The only time they get to vote is whether or not to strike.07/07/2015 - 6:24pm
Infophile(cont'd) about non-union police officers being given hell until they joined the union.07/07/2015 - 4:58pm
InfophileParadoxically, the drive in the US to get rid of unions seems to have left only the most corrupt surviving. They seem to be the only ones that can find ways to browbeat employees into joining when paying dues isn't mandatory. I've heard some stories ...07/07/2015 - 4:57pm
Matthew WilsonI am old school on this. I believe its a conflict of interest to have public sector unions. that being said, I do not have a positive look on unions in general.07/07/2015 - 3:59pm
TechnogeekWhat's best for the employee tends to be good for the employer; other way around, not so much. So long as that's the case, there's going to be a far stronger incentive for management to behave in such a way that invites retalitation than for the union to.07/07/2015 - 3:10pm
TechnogeekTeachers' unions? State legislatures. UAW? Just look at GM's middle management.07/07/2015 - 3:05pm
TechnogeekIn many ways it seems that the worse a union tends to behave, the worse that the company's management has behaved in the past.07/07/2015 - 3:02pm
james_fudgeCharity starts at home ;)07/07/2015 - 2:49pm
james_fudgeSo mandatory charity? That sounds shitty to me07/07/2015 - 2:49pm
E. Zachary KnightGoth, if Union dues are automatically withdrawn, then there is no such thing as a non-union employee.07/07/2015 - 2:38pm
Goth_Skunka mutually agreed upon charity instead.07/07/2015 - 2:33pm
Goth_Skunkyou enjoy the benefits of working in a union environment. If working in a union is against your religious beliefs or just something you wholeheartedly object to, dues will still be deducted from your pay, but you can instruct that they be directed towards07/07/2015 - 2:33pm
Goth_SkunkBasically, if you are employed in a business where employees are represented by a union for the purposes of collective bargaining, whether or not you are a union member, you will have union dues deducted from your pay, since regardless of membership,07/07/2015 - 2:32pm
 

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