While brands continue to innovate their advertising and marketing strategies in the ever-evolving digital age, right of publicity issues have become more complex as the question of an individual’s “persona” that is subject to legal protection and adequate consent becomes increasingly important. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by guest Nathaniel Bach, partner in Manatt’s Entertainment Litigation practice. Nat represents prominent clients in the media, entertainment and technology industries on a range of issues including the right of publicity, contract disputes, intellectual property, First Amendment, brand protection, the metaverse and other emerging technology matters.
Po and Nat discuss the vast scope of right of publicity laws, including who and what are protected under these laws, significant right of publicity cases, potential liability for violations of these laws, and key approaches that brands should consider when obtaining consent in order to mitigate right of publicity risks.
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