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Old 11-15-2007, 12:58 AM
donkalicious donkalicious is offline
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Join Date: Mar 2007
Posts: 9
Default Re: Training site videos...Should they get your consent?

My two cents on the IP issues: poker games (and other games and sports) probably don't come under the umbrella of copyright law because they aren't literary or artistic works. Even if one player "fixed" the event (recorded it in a semi-permanent form), no one player is the "author" of anything, really, which is a requirement for copyright protection.

Right of publicity law prolly wouldn't apply in most jurisdictions because the training sites aren't really using the virtual name/likeness to sell something (other than their own advice). Most right of publicity cases involve using a celebrity's name or likeness to move merchandise (e.g., putting Tiger Woods' name or photo on your cereal box). The training site use is more akin to a "journalistic" depiction of the outcome of a sporting event, which generally wouldn't invade someone's publicity rights.
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