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Society & Culture
Virtual Legality Episode 435

Likeness Rights, Video Games, Free Speech, and Fair Use to SCOTUS?

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217 217 views
4m Mar 22, 2021
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Did Epic steal the likeness of Lenwood "Hard Rock" Hamilton in the creation of Augustus "Cole Train" Cole for the Gears of War franchise? If they did, why did multiple courts tell them it's okay?

The Supreme Court may just wind up considering the issue and all the ramifications it has for video games, rights of publicity and likeness, movies, content creation, YouTube, reaction videos, copyright, fair use and more.

You can't copyright your face, but that's not the end of the conversation...in Virtual Legality.

#Gaming #Likeness #SCOTUS


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Discussed in this episode:
"The Supreme Court requested a response late last week in this case."
Tweet - March 22, 2021 - Eriq Gardner
https://twitter.com/Joseph_La_Russa/status/1374014239942311942

"Video game characters and veterans’ benefits"
SCOTUS Blog - March 19, 2021
https://www.scotusblog.com/2021/03/video-game-characters-and-veterans-benefits/

"Hamilton v. Speight"
3d Cir. Sep. 17, 2020
https://casetext.com/case/hamilton-v-speight-3

Petition for a Writ of Certiorari
Hamilton v Speight
https://www.supremecourt.gov/DocketPDF/20/20-1123/168849/20210212104438893_Hamilton Cert Petition.pdf

"Opposing Certiorari in the U.S. Supreme Court"
Mayer Brown Website (From ABA Litigation Manual)
https://www.mayerbrown.com/en/perspectives-events/publications/1999/01/opposing-certiorari-in-the-us-supreme-court

"Legal Myth Busting: No One (inc. Suzy Lu) Can Copyright Their Face (VL231)"
YouTube Video - May 21, 2020 - Hoeg Law
https://youtu.be/7MGhoCOaBsU

"The Compendium of U.S. Copyright Office Practices: Chapter 300"
https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
00:00 Introduction
03:25 The Current Court Decision (3rd Cir.)
08:47 The Cert Petition (Questions Presented)
13:01 The Cert Petition (Overview)
20:45 The Cert Petition (Circuit Split)
33:16 Conclusion (Importance of the Question)

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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