We recently discussed a number of updates in the world of name, image and likeness (NIL) rights. Among those recent developments was the signing by Georgia Governor Brian Kemp of an executive order that, inter alia, prohibited the NCAA and athletic
Internet & Social Media Law Blog
The Inevitable Evolution of NIL Rights Continues to Reconfigure the Economies of Collegiate Athletics
As 2024 comes to a close, permutations in the arena of name, image and likeness (NIL) impacting collegiate athletics continue unabated.
Most prominently, Northern District of California District Judge Claudia Wilken preliminarily approved the proposed settlement agreement to resolve the…
Does Your AI Chatbot Collect Biometric Data?
California Legislature Passes Generative AI Training Data Transparency Bill
The California legislature recently passed Assembly Bill 2013 (AB 2013) on August 27, 2024, a measure aimed at enhancing transparency in AI training and development. If signed into law by Governor Gavin Newsom, developers of generative AI systems or services…
Strange Bedfellows on the Campaign Trail: The Tension between Music, Copyright and Political Licensing Agreements
Moments before former President Donald Trump took to the stage at a Montana rally this August, Celine Dion’s 1997 hit, “My Heart Will Go On,” blasted over the speakers while a clip appeared onscreen. It took less than 24 hours…
California’s Shift to Kaplan for Bar Exam Questions Sparks Copyright Debate
Facing potential insolvency by 2026, the State Bar of California is exploring various cost-saving measures, including remote administration and the use of small vendor-owned test centers for its exams. As part of this process, the Bar issued a Request for…
In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations
Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how much—social media companies should be allowed to moderate user-generated…
Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI
OpenAI’s defense of the lawsuit brought by The New York Times (“The Times”) has sparked controversy relating to OpenAI’s discovery demand for access to reporter notes and other behind-the-scenes materials associated with millions of articles that appeared in The Times.…
In Murthy v. Missouri, SCOTUS Focus on Plaintiff Standing Sidesteps Underlying, Larger First Amendment Questions
A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech, such as speech deemed false and misleading. This movement…
The Contest for Collegiate NIL Rights: How the Protect the Ball Act May Insulate the NCAA
The National Collegiate Athletic Association (NCAA) has historically been afforded a wide berth to implement and enforce its rules under the auspices of protecting the “revered tradition of amateurism” in college athletics. For decades, it relied on this principle as…