The Right of Publicity (commonly referred to as "NIL", an abbreviation for "name, image, and likeness") has been thrust into the limelight by litigation filed against the NCAA by college athletes. However, this often misunderstood area of law has been shaped (and mishaped) by a patchwork of caselaw, often confusing the doctrine with elements of trademark and copyright law.
Most states grant to a person, either through statute or common law, a legal right to prevent the unauthorized commercial use of their name, image, or likeness. However, a series poorly conceived cases around the country, but especially in Indiana, have muddied the waters considerably for those who find themselves needing to understand the scope of Right of Publicity Law.
We have considerable experience with the Right of Publicity, representing celebrities and celebrity estates in cases of misappropriation, and advising professional athletes and sports teams alike on use of name, image, and likeness.
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