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To Die For – New York Recognizes Publicity Rights of Deceased Performers.

On November 20, 2020, New York Governor Andrew Cuomo signed into law Senate Bill S5959D, a law that is highly important for New York based recording artists, actors, and other celebrities. The new law recognizes post-mortem rights of publicity to protect deceased performers from exploitation of their likeness for 40 years after death. Specifically, the new law establishes the right of privacy and the right of publicity for both living and deceased individuals. It provides that an individual's persona is the personal property of the individual and is freely transferable and descendible, meaning the rights can be exercised by the artist's descendants. The new law provides for the registration with the department of state of such rights of a deceased individual, and that the use of a digital replica for purposes of trade within an expressive work is a violation of law. The legislation also creates a private right of action and new penalties for the publishing of...

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PTAB Issues Updated Trial Practice Guide: Yearly Updates Expected

On November 20, 2019, the Patent Trial and Appeal Board (PTAB) issued updated guidance for trial procedures in inter partes review (IPR) and post grant review (PGR) proceedings at the US Patent and Trademark Office in the new edition of the Trial Practice Guide. For easier reading and greater consistency, the new edition incorporates the prior updates released in August 2018 (IP Update, Vol. 21, No. 9) and July 2019 (IP Update, Vol. 22, No.8) into the original August 2012 Practice Guide. The new edition provides updated guidance on the impact of SAS Institute Inc. v. Iancu on the institution of trial. The new guide also replaces the prior “observations” practice with procedures for a more fulsome sur-reply. In addition, the PTAB has provided more opportunities to contact the PTAB to request an initial conference call, and it has updated the way word counts apply to specific filings. The PTAB has also updated the expected scheduling order for derivation...

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