What's Next For Right of Publicity vs. 1st Amendment?

There is an inherent tension between publicity rights, which guard against the appropriation of names and likenesses, and First Amendment protections that can attach to the use of those same names and likenesses in expressive works. In recent years, those competing interests have repeatedly butted up against one another in the context of video games that used the names and likenesses of celebrities and athletes in creating the avatars that populate the video game worlds.

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