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.
Matthew Wilsonhttps://twitter.com/NintendoAmerica/status/581579256704081920 for those who did not see it zelda wont be at e3 ether.03/28/2015 - 2:22pm
ZippyDSMleeGot my keyboard working now now trying to sort and customize my stuff back to where I had it.03/28/2015 - 2:03pm
InfophileSony's customer service has always been crap, but up till now it's been manageable crap. A few cases of people having to pay for being hacked at worst, the Other OS removal... This one is going to be much worse for them.03/28/2015 - 1:34pm
WymorenceWhen did Sony start doing the ransomware stuff...? other than the old BMG rootkit stuff that is.03/28/2015 - 12:45pm
ZippyDSMleeother keyboards work but my keyboard will not work on it works on all the laptops tho...03/27/2015 - 11:22pm
ZippyDSMleeComp crashed acouple days ago and ate my keybaord drivers worse yet it's mislabel the drivers or hardware ID or soemthing and can not install the right drivers even manually it gives errors... going to try another restore point....03/27/2015 - 11:18pm
PHX Corphttp://ps4daily.com/2015/03/ps4-update-bricks-gamers-console-sony-wants-150-to-fix-it/ New PS4 update bricks gamers’ console, Sony wants $150 to fix it03/27/2015 - 11:11pm
MaskedPixelantehttp://www.newsarama.com/23947-axel-alonso-says-x-men-will-have-new-world-post-secret-wars.html Marvel gives 20th Century Fox the finger, takes their ball and segregates the mutant population in their own universe. According to rumors at least.03/27/2015 - 10:21pm
Papa MidnightSure thing!03/27/2015 - 9:00pm
Andrew EisenPM - Thanks, I've updated the story.03/27/2015 - 8:59pm
Papa Midnighthttp://arstechnica.com/tech-policy/2015/03/13-year-old-minecraft-player-confesses-to-swatting-police-say/03/27/2015 - 8:38pm
Andrew EisenThat would mean either Nintendo's next home console will be out by next year or the next Zelda game is suffering a two year delay. Both extraordinarily unlikely.03/27/2015 - 8:34pm
Matthew Wilsonsome people are thinking we might have a Twilight Princess situation on our hands, what do you guys think?03/27/2015 - 8:01pm
MechaCrashMiyamoto once said "a delayed game is eventually good, a bad game is bad forever." While this can be taken to excess, it is good that Nintendo remembers it.03/27/2015 - 7:44pm
MaskedPixelanteYay for it not being a buggy mess like AC Unity. Boo that it got delayed til November 2016.03/27/2015 - 7:07pm
Andrew EisenAgreed. Considering we've seen nothing of the game (and those who did see it last E3, said it was super duper early) I would be quite surprised to see it this year.03/27/2015 - 5:28pm
Matthew WilsonI am sure star fox is 2016 too.03/27/2015 - 5:14pm
ZippyDSMleeThe primary reasons I would get a Nintendo system is Zelda and Metroid, Metroid prime collection was beyond words awesome even if 3 was the weakest one. I played TWP on the emulator I have Skyward Sword but like TWP I been putting it off…. LOL03/27/2015 - 5:14pm
Daniel LewisI actually thought star fox would be the game to be delayed,hopefully that isn't as well!03/27/2015 - 5:13pm
Daniel Lewiswoah post shared at the same time matthew,you just beat me!03/27/2015 - 5:11pm
 

Be Heard - Contact Your Politician