Entertainment Software Association Concerns Alleviated
Key Facts
- Legislation was filed that would extend the right of publicity, which is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of his or her's identity, post mortem
- A version of the bill that passed the Senate excluded video games from the expressive works exemption
- Our team was quickly able to respond to the concerns of the ESA by impeding the bill’s progress in the House
The Situation
Legislation was filed that would extend the right of publicity, which is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of his or her identity, post mortem. A version of the bill that passed the Senate excluded video games from the expressive works exemption. This exclusion would have been detrimental to the video game producers who comprise the membership of the ESA and would have set a harmful precedent.
The Approach
ML Strategies was quickly able to respond to the concerns of the ESA by impeding the bill’s progress in the House to allow for more time to educate legislators on the impact of excluding video games from the expressive works exemption.
The Outcome
The bill did not proceed.