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English, Laws and International Laws

Intellectual Property Law Review Summary

An overview of the law review article

The articles talk about the Right of publicity and the intersection of copyright and trademark. The article highlights that the personal right to privacy is based on the following categories: protection against invasion into a person’s private matters; protection of disclosure of a person’s embarrassing facts; protection from false information from the public and remedies for appropriation, i.e., a commercial advantage for a person’s name. The three of the above categories protect one’s right to privacy, while the last one is for famous individuals who intend to defend their names and images. The article highlights the fourth category as a property right than a privacy right. The rights of publicity are based on statutory law and in case law as well. The article emphasizes three elements that are accepted as comprising the Right of Publicity; they include the use of a famous person’s “name, image, and likeness (Greenberg & Lovitz, 2012). This right incorporates personality and appearance characteristics such as voice. The sportsmen are famous, and they should use this right to protect people and the media from using their image and name without their consent. Modern sport is not a mere recreation, but it is becoming a big business opportunity for the sportsmen. Thus, for the players to establish an efficient system to create ownership of the services in the sports market, the Rights of Publicity and intellectual property protection will assist the players and sportsmen in creating a commercial advantage for their image and name. The right to publicity differs from one state to another.

Major laws Discussed in Law Review

The law review article discusses the Right of Publicity and its intersection with intellectual property protection rights that are effective in helping players to secure ownership rights of their “name, image and likeness.” The intellectual property law discussed includes trademark and copyright.

Patent Protection Law

Under the patent statute, the owner of the patented product, service, or process is the only one with the right to sell and offer services for the invention until the end of the entire term of the patent expires. Thus, the requirement for the invention to be patented must be new and non-obvious. Also, the inventor must give a detailed written description of the invention and the process to use in full context. Also, the patent statute is classified as matter processes or machines or the composition of the matter. Thus, for the product to be patented, it must follow at least one of the statutory classifications. For instance, sporting companies must obtain the patent right of the object used in sports. Therefore, teams will be able to patent their name and uniforms.

Copyright protection

Under the copyright law, the owner of the creative work controls his or her invention. The conditions for copyright protection include the invention being of the tangible form, original, and creative, and falling within the subject matter of the copyright. Copyright federal requirement is satisfied by the presence of the sounds and images (Greenberg & Lovitz, 2012). To obtain copyright protection for the teams and sportsmen, they have to show the reason why their services are unique.

Trademark

Trademarks may be available for the sportspersons. They must demonstrate the source of their specific services; hence, the move is in line with consumer goodwill. The trademark statute may include any word, name, symbol, or device.

Reactions

Players should use the right to publicity and IPs to establish an efficient system to create ownership of the services in the sports market and create demand. Thus, under IP statutes, players can acquire patent protection for their images and likenesses and copyright rights for creative work.

References

Greenberg, M., & Lovitz, M. L. (2012). Right of Publicity and the Intersection of Copyright and Trademark Law.

https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=Right+of+Publicity+and+the+Intersection+of+Copyright+and+Trademark+Law&btnG=

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