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Famous and Furious: Beer, Video Games, and Fantasy Sports vs. Celebrity Likeness

Level: Intermediate
Runtime: 92 minutes
Recorded Date: August 29, 2018
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  • Theoretical Foundations
  • Different State-by-State Approaches
  • New York Statute
  • California Statute
  • Indiana Statute
Runtime: 1 hour and 32 minutes
Recorded: August 29, 2018


What do Thelonious Monk, Olivia de Havilland, and Lindsey Lohan have in common? Their likenesses were used without their permission.

Join our panel as they review recent and important cases addressing publicity rights of celebrities.

The right of publicity is a state law that protects an individual’s identity from being used by others without permission. The boundaries of the claim vary widely from state to state. Given this theoretically inconsistent and unpredictable legal landscape, there is an effort to develop a uniform statute. A current legislative perspective on its development will be addressed. Often the legal battles involving the right of publicity are well publicized because they involve public figures or celebrities.

This program was recorded on August 29th, 2018.

Provided By

American Bar Association
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Collin Peng-Sue

Director & Senior Counsel

Collin Peng-Sue is the Director and Senior Counsel at Netflix.

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Joshua L. Simmons

Kirkland & Ellis LLP

Recognized as a “Next Generation Lawyer” (Legal 500), Joshua Simmons focuses his practice on intellectual property litigation and counseling, as well as regulatory and legislative policy. This “Top Attorney” (Law360) litigates copyright, patent, trademark, and trade secret cases—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes. He also advises on IP matters that intersect with antitrust, computer and Internet fraud, false advertising, publicity right, privacy, and social media issues.

Josh routinely is recognized for his appellate and trial court representations in intellectual property and media and entertainment cases. Law360 named Josh a “Rising Star” for his media and entertainment matters. The Legal 500 recognized Josh for his copyright, trademark litigation, trade secrets, and media and entertainment practices. Super Lawyers repeatedly has named Josh a “Rising Star” for his intellectual property litigation practice. And Josh was part of the Kirkland team Managing Intellectual Property magazine honored for its work on “Milestone Case of the Year” Oracle America v. Google.

Josh’s high-profile matters involve computer software and services, consumer and leisure products, financial services, health care and pharmaceuticals, media and entertainment—such as electronic games, film, news, publishing, sports, television and theatre—and telecommunications. They have been featured in the mainstream media, legal periodicals, and trade press.

Josh’s pro bono includes representing asylum seekers before the Department of Homeland Security and the American Theatre Wing, Comic Book Legal Defense Fund, Fashion Law Institute, and others in IP-related matters.

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Scott J. Sholder

Cowan, DeBaets, Abrahams & Sheppard LLP

Scott J. Sholder’s practice focuses on litigation, counseling, and dispute resolution in entertainment, media, and intellectual property law. Scott represents and advises clients across various industries in copyright, trademark, false advertising, unfair competition, right-of-publicity, domain name, and commercial disputes.

Prior to working at Cowan, DeBaets, Abrahams & Sheppard LLP, Scott was a litigation associate in the New York office of Paul, Weiss, Rifkind, Wharton & Garrison, where he focused on cases arising in the areas of commercial contracts, intellectual property, false advertising, and internal and government investigations. Notable matters there included representing a major television network in a contract and copyright dispute concerning the ownership of a hit reality show, representing hair care product manufacturers in a false advertising dispute concerning the phrase “sold only in salons,” and representing one of the major music performing rights organizations in “rate court” disputes.

Before joining Paul Weiss, Scott served as a judicial law clerk to the Honorable Peter G. Sheridan, U.S.D.J., in the United States District Court for the District of New Jersey, and to the Honorable Leonard I. Garth, U.S.C.J., in the United States Court of Appeals for the Third Circuit.

He received his J.D. summa cum laude from Seton Hall Law School in 2007 and his B.A. in journalism, summa cum laude, from American University in 2004.

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