- Fast, convenient learning without any out-of-office time lost;
- No travel-related expenses or complications;
- The perfect affordable way to update yourself rapidly on current laws.
Alabama’s Right of Publicity Act: Provisions, Protections, and Remedies - On-Demand
Webinar is now available on-demand.
In the 2015 legislative session, Alabama passed its first ever Right of Publicity law, which has the ability to prevent certain unauthorized exploitation of a name, image, or likeness.
The Alabama ROP Act has many unique features, including:
- A descendible right that lasts 55 years after death;
- Claims that reach unauthorized “non-profit” use;
- Specific Free Speech protections;
- A unique “fair use” defense that gives broad public interest protections to sporting event broadcasting;
- A unique “first sale” defense;
- A statute of limitations with additional time allowed if the wrongful act is not discovered by the claimant within the regular two-year statute of limitations; and
- Statutory damages that can be chosen in lieu of monetary damages.
Any practitioner who advises clients on marketing materials or content including the name, image, or likeness of Alabamians (living or dead) needs to understand the new rules of the road.
- Background of ROP Act
- A civil claim in Alabama
- Scope of ROP
- Post-mortem rights
- Statute of limitations
- First Amendment
- Fair use
- “First sale” doctrine
Order this advice-rich On-Demand webinar risk free.
Alabama’s Right of Publicity Act: Provisions, Protections, and Remedies — is just $107.
Because this is an on-demand webinar you enjoy:
If you ordered an on-demand webinar, your access instructions with link to download all materials will be sent to you via email within 24 hours of the program airing. Please add Custserv@blr.com to your safe sender list to ensure delivery.
About Your Presenters:
Will Hill Tankersley Jr.
Balch & Bingham, LLP
Will Hill Tankersley, a partner in Balch & Bingham, LLP’s Birmingham office, is a 1986 admittee to the Bar. He holds a J.D. from the University of Alabama School of Law and an L.L.M. in Trade Regulation (Intellectual Property and Antitrust) from New York University Law School. In addition to his leadership of the Alabama Law Institute drafting committees for Alabama’s Right of Publicity and Restrictive Covenant (8-1-1) Revision Act, he has been on the 11th Circuit pattern jury instruction drafting committees for copyright and trademark cases. He founded and was the first Chairman of the Alabama State Bar Section on Intellectual Property. In a nearly 30-year career, he has represented clients as varied as the Andy Warhol Foundation, Auburn University and the Southern Company. After college and before law school, he was a soldier. He can be reached at WHT@Balch.com.
Loren M. Lancaster
Balch & Bingham, LLP
Loren M. Lancaster is an associate in Balch & Bingham, LLP’s Litigation section in Birmingham. In addition to handling general litigation and employment matters, Ms. Lancaster handles various matters before the Trademark Trial and Appeal Board, litigates cases involving trademark infringement, and advises clients on rights of publicity. She recently served on the Alabama Law Institute’s drafting committee for Alabama’s first Right of Publicity statute, which was signed into law by Governor Robert Bentley on May 18, 2015.