Jennifer Rothman

Prof @pennlaw @annenbergpenn • IP & free speech, TM, (c), publicity • Author of The Right of Publicity: Privacy Reimagined for a Public World (@Harvard_Press).

[Jennifer Rothman @profrothman]

My new @HarvLRev article is out today! In it I consider how overlapping rights in a person's identity have created an "identity thicket." The best way out is to reclaim trademark law's longstanding respect for autonomy & dignity and to employ preemption.
https://t.co/2Hqv7lK6Q6

[CTIC @PCL_CTIC]

Trademark and unfair competition laws & state right of publicity laws are working at odds with one another. How to navigate? CTIC Prof. Jennifer Rothman’s just-published @HarvLRev article addresses the “identity thicket.” @profrothman https://t.co/yySAQCzvlW

[Jennifer Rothman @profrothman]

cc: @PCL_CTIC @pennlaw @nyulaw @Harvard

[Jennifer Rothman @profrothman]

The deadline is approaching to submit your paper for the Fourth Annual Trademark and Unfair Competition Roundtable. To submit a draft paper, please fill out this form: https://t.co/LLgT130fdx & upload an anonymized version. We look forward to reading your submissions.

[neil turkewitz @neilturkewitz]

FanDuel, MLBPA settle player likenesses lawsuit

ICYMI ⁦@lexlanham⁩ ⁦@profrothman⁩ ⁦@devlinhartline⁩ https://t.co/jHdt7GC2W6

[Copyright Society @copyrightsoc]

Next week, Jennifer Rothman will discuss the convergence of copyright and right of publicity law, and whether copyright is the appropriate framework to address the rising challenges posed by deepfakes, digital replicas and voice clones.

Join Us! https://t.co/1PoQeu9KGF

[Jeanne Fromer @JeanneFromer]

Thank you to Margo Bagley for this generous and thoughtful Jotwell review of my forthcoming article with @markpmckenna on "Amazon's Quiet Overhaul of the Trademark System." Article appearing soon in the @CalifLRev https://t.co/SwyP3TYN7v

[Christine Corcos @LpcProf]

New from @profrothman: Postmortem Publicity Rights at the Property-Personality Divide. I've already recommended it to my students. It's forthcoming in Private Law Theory & Intellectual Property, Cambridge Univ. Press 2025, eds. Balganesh et al. / https://t.co/Nay1EFIzZo

[Jennifer Rothman @profrothman]

@LpcProf Thanks! So happy to hear you found it useful.

[Jennifer Rothman @profrothman]

Think Xerox and Q-tip would object to this ⁦@nytimes⁩ connections answer

[Bobby Allyn @BobbyAllyn]

Fascinating: NYT's lawyers will soon be able to review OpenAI's training data "in a secure room on a secure laptop" as part of its copyright lawsuit. Both sides have just hammered out the terms of the training data inspection:

https://t.co/zj9miVkt18

[Jennifer Rothman @profrothman]

In case anyone had not realized how nutty things are getting in college sports and with NIL for student athletes—worth a read https://t.co/YM1GQxKpw9

[Jennifer Rothman @profrothman]

Happy official start of Fall

[Jennifer Rothman @profrothman]

@cgarber8 Thanks. Will fix it. 😀

[Jennifer Rothman @profrothman]

Finally had a chance to write-up my thoughts about the Copyright Office Report calling for Congressional Action on Digital Replicas - https://t.co/SX2n7fhRpU

[Jennifer Rothman @profrothman]

Also....I meant "off" the presses, but sadly x/twitter still doesn't have the edit function.

[Jennifer Rothman @profrothman]

Hot of the presses, the House introduces its companion NO FAKES Act: https://t.co/ICLvZ4MCAF

[Jennifer Rothman @profrothman]

I also mention in this post that another bill is likely to be introduced soon in the House (PADRA) which takes a Lanham Act-based approach

[Jennifer Rothman @profrothman]

@cgarber8 The NO FAKES Act does not explain what happens. The Copyright Office Report suggests that works created during the licensing period should continue to be able to be distributed. The Copyright Office also does not think there should be liability for creation alone.

[Barack Obama @BarackObama]

Don't wait – check your state's voter registration deadline today and make sure you're registered and ready to vote. And then share this with your friends and family so everyone's ready to vote early or by Election Day. https://t.co/jKW0RyeBXC

[Jennifer Rothman @profrothman]

One key thing to understand about the Report is that it understandably brings to bear a copyright frame. Yet, "we need to think about [IP] rights in people differently than we think about [IP] in expressive works." I explain this more detail at: https://t.co/g9TqZegZxn

[Jennifer Rothman @profrothman]

For some thoughts on how it matches and differs from the Copyright Office approach check out my recent post on the Copyright Office's Report: https://t.co/g9TqZehxmV

[Jennifer Rothman @profrothman]

Finally wrote up thoughts on the NO FAKES Act, introduced right before Congress's August recess. This digital replica bill improves upon earlier version but still risks control over our own voices and likenesses and public deception. For details see https://t.co/ASF9XzxRNB

[Jennifer Rothman @profrothman]

For my thoughts on the NO FAKES Act see: https://t.co/ASF9XzxRNB

[Jennifer Rothman @profrothman]

Copyright Office suggests that a federal law should be adopted. The specifics largely track NO FAKES Act circulated the same day though parts ways in some instances. E.g., Office does not think postmortem rights necessary & recommends a fair use approach rather than exemptions