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Courts, Sports And Videogames: What's In A Game?

Law360, New York (January 4, 2012, 12:42 PM EST) -- Although one of the clearest legal thinkers, Louis Brandeis, conceived the modern right of publicity,[1] "unclear" would be an adjective all lawyers would apply to the current state of right of publicity law, regardless of which side of the issue they usually argue. Indeed, although the right of publicity concept was further developed by another very clear legal thinker, William Prosser,[2] he himself alluded to it as the concept “that launched a thousand lawsuits,”[3] few of which can be reconciled with one another.

The most extreme recent example of this lack of clarity is that two courts on opposite sides of...

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