CARU Revises its Guidelines to Address Increase in Online Media
The Children’s Advertising Review Unit (CARU) recently revised its children’s advertising guidelines to address the increased prevalence of online media directed to children. Of note, the guidelines now apply to content directed to children under 13 -in line with COPPA- rather than the previous applicability to children under 12.
The Intersection of Retail and NIL Statutes
In the US, NIL rights (name, image, and likeness) are grouped under the right of publicity, which generally “prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion.” NIL rules allow athletes to profit off their personal brands with promotions for various services and products through social media posts, appearances, sponsorships, autograph sales, endorsement deals and private training classes or camps. Prior to the introduction of these laws, college athletes could not endorse products or services, under any circumstances.
Unhappy Together: No Right of Public Performance under California Copyright Law
Addressing for the first time whether California law establishes a right of public performance for the owners of pre-1972 sound recordings, the US Court of Appeals for the Ninth Circuit found no such right for music and overturned a district court’s grant of partial summary judgment. Flo & Eddie, Inc. v. Sirius XM Radio, Inc., Case No. 17-55844 (9th Cir. Aug. 23, 2021) (Lee, J.)