Surely there must already exist some legal protections? I seem to recall certain professional (football? basketball?) players successfully suing EA Games over unauthorized use of their likeness.
>Surely there must already exist some legal protections?
Almost certainly, I think there are companies whose entire business is to handle the image of dead celebrities like Marilyn Monroe, but should there be?
An actor or athlete's performance is a creative act, and could reasonably be considered intellectual property, but their appearance is an act of nature. Why should that have any special legal protection?
The distinction is it was NCAA as a whole, acting as a single legal entity. The individual athletes were/are powerless against the wealth EA can throw at their legal team.
Almost certainly, I think there are companies whose entire business is to handle the image of dead celebrities like Marilyn Monroe, but should there be?
An actor or athlete's performance is a creative act, and could reasonably be considered intellectual property, but their appearance is an act of nature. Why should that have any special legal protection?