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 :

Poll

Did you get a new video game for Christmas?:

Shout box

You're not permitted to post shouts.
Matthew WilsonI meant from a organizational pov end users get it in contract, but any site that would want to use it for 2 factor would have to pay alot of money12/27/2014 - 5:35pm
IanCSMS is expensive? In what country? I get something stupid a month on my contract. I think it might even be unlimited.12/27/2014 - 5:32pm
Matthew WilsonI am still amazed that 2 factor authentication has not become the norm yet. I get sms is expensive, but Google authanacator api is free for any website to use.12/27/2014 - 5:11pm
PHX Corphttp://techcrunch.com/2014/12/27/anonymous-leaked-a-massive-list-of-passwords-and-credit-card-numbers/ Guys change your passwords: Anonymous Leaked A Massive List Of Passwords And Credit Card Numbers12/27/2014 - 3:25pm
Matthew WilsonThis is impressive video editing. basketball tricks with a basketball. https://www.youtube.com/watch?v=OhCQeFX9GSg#t=18112/27/2014 - 2:01pm
MaskedPixelanteDude was at the center of a pretty serious plagiarism scandal back in 2011, and it was widely known he ripped off other musical pieces well before that.12/27/2014 - 9:33am
Kajex@Masked Right, because his work actually composing music for several Metroid games necessitated plagiarism.12/27/2014 - 9:04am
MaskedPixelanteI can't believe Kenji Yamamoto got another job. Then again, his job on Smash was "musical arrangment", so copying other people's work is right up his alley.12/26/2014 - 9:31pm
Matthew Wilsonthe company that hosts it is a cyber security firm, and from what I understand it is the data they they see just shown publicly.12/26/2014 - 8:22pm
Wonderkarpa question about that website, Matthew...how does it know its a cyberattack or not12/26/2014 - 8:06pm
Matthew Wilsonfor those intreasted in seeing cyber attacks in real time check out this site. http://map.ipviking.com/12/26/2014 - 7:51pm
PHX Corp@MP you can add me on XBL and Nintendo Network if you want, I go under TrustyGem(Same gamertag as on Steam)12/26/2014 - 2:01pm
CMinerI blame North Korea.12/25/2014 - 11:49pm
MechaTama31For the last few weeks, the GP site fails to load about 2/3 of the times I try.12/25/2014 - 11:13pm
MaskedPixelanteOK, is GP having trouble loading for anyone but me?12/25/2014 - 9:21pm
Matthew Wilsonits a bunch of script kiddies. ddosing is one of the easiest thing to do,and most companies can not stop it sadly.12/25/2014 - 5:05pm
MaskedPixelanteI like Nintendo as much as the next person, they're pretty much the only company putting out the games I want to play, but that was pretty embarassing to have NNID go down due to overuse.12/25/2014 - 4:35pm
MaskedPixelanteSee? It's NOT a repeat of last year's fiasco.12/25/2014 - 4:22pm
PHX CorpLizard squad is responsible for The XBL/PSN shutdown https://www.youtube.com/watch?v=QSpZvsoWvig12/25/2014 - 4:17pm
IanCOh shut up bitching about Nintendo. At least they advised people to downloading updates before the big day. Sony/MS? Not a peep.12/25/2014 - 3:50pm
 

Be Heard - Contact Your Politician