Consequences of infringement. What are the defenses to infringement of ROP?
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- We've talked a little about how…rights of publicity can be infringed.…What does infringement mean?…Well, infringement is a broad term…that's often used in the context of intellectual property.…If someone owns real property,…rather than intellectual property,…then they sometimes have to enforce their rights…For example, against trespassers or squatters.…But with intellectual property, when someone…trespasses, we call it an infringement.…It means that someone else is using…your rights without permission.…A copyright infringer is copied someone else's…work of authorship.…
A patent infringer has sold a product that…practices the claims of someone's patent.…For rights of publicity, an infringer is someone who has…used another's name, likeness, voice,…or image without permission.…Thus, right of publicity infringement is the unauthorized…use of someone's name, voice, image,…or in some state's, their likeness or signature.…Let me address how a company might infringe…someone's rights of publicity.…Let's say you work with a company…
Intellectual property lawyer Dana Robinson guides viewers through these complex questions and more. He also addresses what constitutes infringement and discusses recent cases on rights of publicity and the first amendment, covering issues such as using a domain name, username, hashtag, or other "indicia of association" with someone's name.
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LinkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.