State Law IP Protections and the ELVIS Act: State vs Federal IP rights, and protections of the right of publicity for individual voices

Patrick Twisdale
Patrick Twisdale
King Law Offices, PC

Patrick Twisdale is a Junior Partner at King Law Offices, PC with his practice primarily focused on trademarks, copyrights, patents and trade secrets.

Andrew Coffman
Andrew Coffman
Phelps Dunbar LLP

Andrew Coffman is a commercial litigator at Phelps Dunbar LLP and he advocates for clients primarily in copyright, trademark, trade secret, technology, and advertising disputes.

On-Demand: August 30, 2024
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Program Summary

Session I – State-Level Intellectual Property Protections: Key concepts and practices - Patrick Twisdale

This session is designed for legal professionals seeking to deepen their understanding of intellectual property protections under state law. This session provides a comprehensive view of state law trademarks, exploring common law trademark protections and the unique considerations involved in registering a trademark with a state. Participants will also delve into trade secrets, discussing the Uniform Trade Secrets Act and its application in the states. Additionally, we will explore the right of publicity, examining how various states recognize and enforce this right. Through practical examples and case studies, attendees will gain valuable insights into the key concepts and practices that shape state-level intellectual property protections.

Key Topics

  • Difference between Federal and State Intellectual Property Rights
  • State Trademarks – Common Law versus Statutory Protection
  • Trade Secrets – Protecting Corporate Secrets
  • Right of Publicity – Protecting your image and likeness

Session II – ELVIS has Entered the Building: What the ELVIS Act means for AI and the Right of Publicity - Andrew Coffman

On July 1, 2024, the ELVIS Act went into effect in Tennessee. The ELVIS Act protects the right of publicity of individual voices. Tennessee adopted the Act to protect one of its biggest industries, recorded music. This session will cover what the ELVIS Act teaches us about the future of legislation regulating the intersection of AI and the Right of Publicity. We will cover national trends in protecting voice through right of publicity laws; how Tennessee’s new Elvis Act differs from those traditional protections; and what the ELVIS Act’s narrowing of the fair use defense means for broadcasters.

Key Topics

  • Right of Publicity Laws Protection of Voices
  • The Voice Protections Provided by the ELVIS Act
  • Fair use defenses to Right of Publicity Claims Generally and under the ELVIS Act
  • Risks for Broadcasters because of the ELVIS Act’s Narrowing of Fair Use Defenses

Closed-captioning available

Speakers

Patrick Twisdale_myLawCLE Patrick Twisdale | King Law Offices, PC

Patrick Twisdale is a Junior Partner at King Law Offices, PC with his practice primarily focused on trademarks, copyrights, patents and trade secrets. He is licensed to practice in the states of North Carolina, South Carolina, and Tennessee and is registered to prosecute patents before the United States Patent and Trademark Office. He regularly assists clients throughout the United States on their intellectual property rights.

 

Andrew Coffman_myLawCLEAndrew Coffman | Phelps Dunbar LLP

Andrew Coffman is a commercial litigator at Phelps Dunbar LLP in Tupelo, Mississippi. He advocates for clients primarily in copyright, trademark, trade secret, technology, and advertising disputes. Before joining Phelps, Andrew was the inaugural National Center for Justice and the Rule of Law Fellow, where he studied the intersection of existing law and the internet. He served as a law clerk to the Honorable Michael P. Mills in the Northern District of Mississippi. Andrew is chair of the American Bar Association’s Copyright Litigation and Copyright and Social Media Committees. He is a member of the ABA’s ad hoc committee on generative artificial intelligence and intellectual property protection. He serves as a Vice Chair of the Mississippi Bar’s Intellectual Property Section Executive Committee and is a member of the Bar’s the Technology and Law Practice Committee. Andrew is an active member of the Media Law Resource Center’s Defense Counsel Section.

Agenda

Session I – State-Level Intellectual Property Protections: Key concepts and practices | 2:00pm – 3:00pm

  • Difference between Federal and State Intellectual Property Rights
  • State Trademarks – Common Law versus Statutory Protection
  • Trade Secrets – Protecting Corporate Secrets
  • Right of Publicity – Protecting your image and likeness

Break | 3:00pm – 3:10pm

Session II – Elvis has Entered the Building: What the ELVIS Act means for AI and the Right of Publicity | 3:10pm – 4:10pm

  • Right of Publicity Laws Protection of Voices
  • The Voice Protections Provided by the ELVIS Act
  • Fair use defenses to Right of Publicity Claims Generally and under the ELVIS Act
  • Risks for Broadcasters because of the ELVIS Act’s Narrowing of Fair Use Defenses

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