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Posts from October 2021.
    • NIL (name, image, likeness) continues to captivate headlines as athletes forge ahead with profit-churning ventures while still in school thanks to the NCAA’s new rules. Sedona Prince of the Oregon Ducks is a rock star as she became a sole proprietor and is building her own empire, brand along with merchandises. She has been dubbed as the official poster child for NIL, a rightfully earned title with more than 246 thousand followers on Instagram and a staggering 2.8 million on Tik Tok. Can we expect to see a lot more of these rising student athlete prodigies?
    • There has been a flurry of activities of celebrities investing in holistic wellness and health initiatives. LeBron James invests in smart home gym company Tonal. Ashton Kutcher invests in cultivated meat company MeaTech 3D to support the meat alternatives movement. Steven Van Zandt launches a wellness focused cannabis product line. Cody Rigsby partners with Chobani to promote a limited edition complete shake. As emerging health and fitness trends keep evolving, we can probably expect to see celebrities continue to promote the latest and greatest of wellness.


    • Tina Turner signed the rights of her iconic music catalogue spanning 60 years, including her name, image and likeness to a German music company, BMG. While Warner Music record label still manages her record, is this a sign of things to come for music companies who are looking to take hit makers under their wings and broaden music artists' digital reach?

    • Is NIL (name, image, likeness) picking up at warp speed? There may be a potential endorsement deal brewing between Puma and Mikey Williams, a high school basketball player who has a huge social media presence. Will we see continue to see teen athletes partnering with brands as part of their potential pro sports journey?


    • What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man, Spider-Man, Doctor Strange, Ant-Man, Hawkeye, Black Widow, Falcon and Thor, has filed notices of copyright termination citing a provision of copyright law that grants full rights back to the authors of the work after a set period of time. Disney, who owns Marvel Entertainment, responded with a defense of “made-for-hire” workers and lawsuits seeking to invalidate the notices. So, could Disney potentially lose full ownership of the characters?
    • Does Section 230 of the Communication Decency Act protect social media sites such as Facebook from liability over misuse of user content? Maybe not so in the case of Karen Hepp vs. Facebook, which involves an unauthorized use of a Philadelphia Fox 29 co-anchor Karen Hepp’s photo on Facebook’s dating site. The U.S. Court of Appeals for the Third Circuit Court revived the case, ruling that Section 230 does not shield Facebook from intellectual-property related claims, such as right of publicity.
    • In a memorandum issued on Wednesday to the National Labor Relations Board (NLRB) regional directors and officials, NLRB General Counsel Jennifer Abruzzo expressed her view that college athletes have statutory rights similar to employee rights recognized under the NLRB. Although this isn’t officially converting college athletes into employees of their schools, is this a sign of things to come?

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The Sports, Arts & Entertainment group at Foster Garvey provides full service legal representation on sports, entertainment and business matters, including handling transactions related to brand management, licensing, joint ventures, venture capital, private equity, technology, the Internet and new media.
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