Month: August 2018

The First Amendment and Video Games – Part 3: Protected v. Unprotected Speech

What does the First Amendment Protect? In terms of speech only (the First Amendment protects a lot that isn’t speech), the First Amendment protects “expression.” It does not protect anything that is not expressive. Expression does not have to be words. For example, the Supreme Court has ruled that video games (even if they do not …

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Serial, John B. McLemore, and the Right of Publicity vs Freedom of Speech

A recent case in Alabama is asking what happens when someone’s “right of publicity” butts up against another’s freedom of speech. The “right of publicity” allows people to control the use of their likeness and prevent commercial exploitation without consent. The right of publicity isn’t a traditional intellectual property right, and instead stems from the …

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What contracts should I have in place for my VR/AR experience? Part 1

The world of augmented reality (AR) and virtual reality (VR) is pretty new, but fortunately, the legal standards for these experiences are still very similar to the legal standards for video games and experiences in other more common media types. The primary contracts you want to have in place for a VR or AR experience …

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The First Amendment and Video Games – Part 2: First Amendment Basics

What does the First Amendment say? The First Amendment to the U.S. Constitution reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for …

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