Caitlyn Silverblatt’s copyright and right of publicity article used as CLE material
Price Heneveld associate Caitlyn (Slater) Silverblatt authored an article in 2018 that was published by the Michigan State Law Review entitled, “The Sad Michigan Fan: What Accidentally Becoming an Internet Celebrity Means in Terms of Right of Publicity and Copyright.” The article reviews the copyright and right of publicity implications of becoming an overnight internet celebrity. Specifically, Ms. Silverblatt evaluates the implications of being “The Sad Michigan Fan” caught on camera during the miraculous ending of the 2015 Michigan State University-University of Michigan football game. After being caught on camera, this fan had his image put on a T-shirt supporting Michigan’s rival, The Ohio State University. The article explores whether the fan could protect his image through state right of publicity laws and how his rights intersect with the rights of the owners of the copyright in the game footage.
On December 11, 2018, the Copyright Society of the USA hosted a CLE in New York City entitled “What to Know Before you Post: IP issues and Influencer Regulation Considerations for Social Media.” The CLE used The Sad Michigan Fan article as material to discuss the pitfalls of social media marketing, as well as how social media users often do not understand who owns content posted to social media and how it can be appropriated.
The article can be found in 2017 MICH. ST. L. REV. 865 or by clicking here.