Understanding the Right of Publicity in a Technology-Driven World

Overview

As name and likeness can be disseminated and commercialized instantly online, the right of publicity has taken on new dimensions. This seminar gives an overview of the right of publicity, focusing on the statutory rights in California and New York, distinguishes it from other intellectual property rights, examines how technology (deepfakes, social media influencing, data breaches) informs the right and recent notable cases, and concludes with best practices for protecting an individual's right of publicity.

What you’ll learn

• ✓Explain the right of publicity and its statutory basis in California and New York
• ✓Distinguish the right of publicity from other intellectual property rights
• ✓Analyze how technology and recent cases affect the right of publicity
• ✓Apply strategies to protect a client's name, likeness, and public image

Curriculum

1. 1. Understanding The Right of Publicity in a Technology-Driven World

   In this seminar, our intellectual property and technology experts begin by giving an overview of the right of publicity with a focus on the statutory right of publicity in California and New York. The panel of speakers then differentiates between the right of publicity and other intellectual property rights, and examines how technology informs the right of publicity and the takeaway of recent notable cases. Our panelists conclude the seminar by offering insights on the best practices for protecting an individual’s right of publicity as technology dependence and use evolves. Topics covered in this webinar: Overview of the Right of Publicity The Difference Between Right of Publicity and Intellectual Property Rights The Right of Publicity in the Technological World Strategies to Prot

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Your instructors

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Jeffrey Rosenfeld

Of Counsel, Blank Rome LLP

Blank Rome LLP

Jeffrey Rosenfeld is Of Counsel at Blank Rome LLP, where his practice focuses on litigation involving corporate governance, entertainment, intellectual property, and bankruptcy. He represents company officers and directors as well as actors, musicians, producers, and other creative talent, and also advises high-profile individuals and businesses facing cybersecurity and personal security threats. He has co-authored a chapter on the use of special masters in an eDiscovery treatise and has been repeatedly listed as a Southern California Super Lawyers Rising Star.

Stacy Harrison

Partner, Orrick, Herrington & Sutcliffe LLP