Creative Confidential from Bryan Tuk

Did Your Social Media Manager Get You in Legal Trouble?

Bryan Tuk — Mon, 27 Jul 2026 10:30:49 GMT

We LOVE memes. They are funny (mostly). They can communicate an idea, or a mood, or tell a joke in a modern shorthand that uses words sparingly. Memes for private communication between friends is one thing. Using memes on your business social media channels should be supervised carefully, especially when your social media manager wants to jump on the latest bandwagon in an attempt to get clicks.

The LeBron free agent sweepstakes was THE story on all sports channels and sports YouTubers for weeks. Then the Philadelphia 76ers unexpectedly signed LeBron James in what appears to be the last stop in his long and storied playing career. No one predicted this.

What was predictable was that social media managers and small business owners were going to race to their phones to get in on the LeBron hype. On business social media channels around the Philly area, within minutes of the 76ers announcement, posts were going up showing LeBron in a Sixers uniform sipping a latte at the local coffee house. Or visiting a certain art school in the city. Or carrying a 12 pack of the local brewpub’s product. The list goes on and on. [N.B. There will be no reproductions of these posts in this space, but you will not have to look hard to find them.]

To be clear, these are social media posts on business channels, using the likeness of LeBron James to advertise the business’s products or services. At this point, your 25 year old social media manager who should be reading this will ask - So what? What’s the problem?

The problem is that Pennsylvania, like most states, have statutes that prohibit the unauthorized use of a person’s name, image or likeness for commercial purposes.

Pennsylvania codified the right of publicity at 42 Pa. Cons. Stat. Ann. § 8316, which establishes a direct cause of action for unauthorized commercial use of a person's likeness. Under the statute, any natural person whose name or likeness has commercial value and is used for any commercial or advertising purpose (i.e. selling or promoting a good or service) without the written consent of such natural person may bring an action to stop such unauthorized use. The statute also authorizes the recovery of monetary damages for any loss or injury sustained by such use. Said another way, a plaintiff in such a matter can seek an injunction and also money damages.

Note that the statute requires written authorization from the person depicted in order for the use to be permissible.

The statute defines name or likeness broadly to include any attribute of a natural person that serves to identify that natural person to an ordinary, reasonable viewer or listener, including but not limited to name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more thereof.

Commercial value is defined as a valuable interest in a natural person's name or likeness that is developed through the investment of time, effort, and money. Certainly any professional athlete fits that description.

A word to the wise: Think before you post.

This information is provided for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisers.

Bryan Tuk is an attorney with over twenty five years experience advising business owners and creative artists. Bryan is the author of risk, create, change: a survival guide for startups and creators.

Your AI Prompts Are Not Confidential

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People today have developed an unhealthy relationship with their technology, to the detriment of developing interpersonal relationships. We have all seen this. Enough people are using AI companions to replace human companionship that a New York restaurant is now catering to this growing market segment. As business owners know, you go where the market…

About Those Noncompete Agreements

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Much has been written in the legal and business press in the last year on the issue of employment agreements and certain types of restrictions that some employees are subject to in those agreements. Generally speaking, these contractual provisions are known as “restrictive covenants.” The restrictive covenant is a broad category that includes several r…

LIVE WEBINAR: Contract Law Basics for Artists

Bryan Tuk — Fri, 17 Oct 2025 18:10:56 GMT

Treating your creative work as a business takes a little preparation and focus. When you present as a business, you will be treated like one and get paid accordingly. The creative economy is largely contract - driven. Knowing the basics of how contracts are formed is a must for entrepreneurs in any industry.

Join me 7pm eastern, Monday November 3rd on…

Congress Takes On Deepfakes with the NO FAKES Act of 2025

Bryan Tuk — Fri, 18 Jul 2025 19:30:20 GMT

The issue of deepfakes, both of likeness and voice, has reached a point where the US Congress is attempting impose some guardrails. Below are summaries of the most current version of the proposed federal law, and later a somewhat similar but weaker attempt by Pennsylvania at the state level.

The No Fakes Act of 2025

This Act is an attempt by the US Cong…

In Congress, July 4, 1776

Bryan Tuk — Fri, 04 Jul 2025 18:36:27 GMT

Wishing everyone a safe and happy Independence Day. Here is the text that started it all. For more information, please visit the National Archives online.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separ…

Zoom Information for Paid Subscribers; New Time

Bryan Tuk — Mon, 31 Mar 2025 11:15:48 GMT

Hello and Happy Monday - we have a new time for our Paid Sub Zoom this Wednesday. Due to everyone’s work schedules, there were a couple requests for this to be in the evening (eastern time), so that is what we are going to do. Scroll down and hit the button to register for the upcoming Zoom on April 2nd at 7pm. Looking forward to connecting with you.

-JBT

Monthly Q&A for Paid Subscribers

Bryan Tuk — Mon, 17 Mar 2025 18:16:05 GMT

Join me on April 2nd at 12pm eastern for a Zoom in an ask-me-anything format. This meeting is open to paid subscribers only. If you are a paid subscriber, the Zoom information will come out next week.

If you are free subscriber, upgrade your subscription now by hitting the button below.

Subscribe now

As always, thank you for your support!

-JBT

US Treasury Announces Non-Enforcement of BOI Filing Requirements

Bryan Tuk — Mon, 03 Mar 2025 03:14:36 GMT

One policy change that I anticipated since the change in Presidential Administrations has come to pass - the FinCEN BOI filing requirement for US businesses is effectively dead in the water.

Tonight, the US Department of the Treasury announced that it will not enforce any penalties for non-compliance with the Corporate Transparency Act’s Beneficial Own…

An Update on the Federal Trade Commission's Ban on Non-Competition Agreements

Bryan Tuk — Thu, 16 Jan 2025 12:15:51 GMT

Last year, the Federal Trade Commission (“FTC”) issued a rule which sought to ban and invalidate Non-Competition Agreements (the “FTC Non-Compete Rule”). Recall that the men and women who comprise the FTC are unelected, and thus basically unaccountable to the people.

If this sounds familiar, I wrote about this topic when it happened in the Spring of 202…

Legal Update: More Corporate Transparency Act Drama

Bryan Tuk — Fri, 03 Jan 2025 17:30:36 GMT

This, without a doubt, it one of the strangest business law issues I have ever followed. Strange due to the rapid fire way in which the enforcement of a federal law is stopped by a federal trial court, reinstated by an appeals court, which then reverses itself days later. Usually legal issues take months if not years to wind their way through the tria…

LEGAL CLIENT ALERT: 5th Circuit Reinstates Beneficial Ownership Information Filing Requirement

Bryan Tuk — Tue, 24 Dec 2024 16:04:05 GMT

It would be truly wonderful if the business and legal world could pause during the Holiday season. Unfortunately, it does not.

You may have previously received a contact from me about the required FinCEN Beneficial Ownership Information (“BOI”) filing for many small businesses and limited liability companies. In very broad strokes, almost all small …

Building a Culture of Creativity in Organizations with Bill Childs

Bryan Tuk — Mon, 02 Sep 2024 18:13:21 GMT

The podcast gets a bit of a makeover today, with an audio only version, a video version, and all the bells and whistles that it should have in 2024.

This interview is packed with ideas that you can put into practice in your professional life today, and once you listen to this one (or view it if you prefer) you will understand why.

Art Like Mercury: A Conversation with Dick Boak, Illustrator, Luthier

Bryan Tuk — Fri, 23 Aug 2024 10:15:53 GMT

Earlier this month, I had an opportunity to sit down with Dick Boak in front of a live audience at Musikfest 2024 and talk about how his built his career using all of his creative talents - first as an illustrator, then a woodworker, then a luthier and musician - to build a career that truly is one of one. Even though Dick has led a unique professional…

A Good Day for Good Conversations

Bryan Tuk — Thu, 08 Aug 2024 11:58:35 GMT

There is live, and there is LIVE. So much of our interactions with one another are now at a distance, through the buffer of two smartphones, one sending and one receiving from different points: sometimes different cities, sometimes different time zones. Not today.

Creative Confidential LIVE at Musikfest: the Guests

Bryan Tuk — Fri, 19 Jul 2024 11:16:13 GMT

As promised, here is some detail on the live interviews happening during Musikfest in Bethlehem on August 8th. These events are free to the public. I am going to sit down with three innovative thinkers:

Bill Childs, Award-winning creative director, author, designer and strategist
Dick Boak, Legendary Martin Guitar designer and collaborator, musician, a…

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Bryan Tuk — Tue, 16 Jul 2024 13:40:41 GMT

For a long time now, I have wanted to bring the podcast to a live audience in a first class setting with excellent production. As one can imagine, lining up just the right opportunity takes time. In order to make sure this experience is really excellent for the live audience, the right partners are crucial. Well, I found them.

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VIDEO: Analysis of Presidential Immunity after Trump v. United States

Bryan Tuk — Wed, 03 Jul 2024 18:11:13 GMT

First, thank you for being a paid subscriber of Creative Confidential. This video is the first in an occasional series of rapid reaction and analysis of important legal issues that have an impact on all of us regardless of career.

A couple of points - this analysis is non-partisan and legal in nature, not political in nature. There are too many people…

Rapid Reaction: Presidential Immunity and the Supreme Court's Opinion in Trump v. United States

Bryan Tuk — Tue, 02 Jul 2024 02:25:36 GMT

In an effort to encourage civil and informed debate, join me for a live online discussion about the U.S. Supreme Court’s decision in Trump v. United States 1pm eastern time on Wednesday, July 3rd. Given the flood of uninformed and frankly silly partisan takes (on both sides) I have seen posted on socials from people who I KNOW did not take the time to r…

Lessons from the Elon Musk Biography: The Art of Working Fast

Bryan Tuk — Fri, 24 May 2024 02:32:08 GMT

How do you beat your competitors to market?

How do you accomplish more than your peers in less time?

When faced with obstacles or bureaucracy, how do you respond?

Today’s piece is not necessarily only for those working in the creative industries, but is of general applicability to other industries as well.

One of the key passages in Walter Isaacson’s excellent biography of Elon Musk outlines the decision making and problem solving process that is used at SpaceX and Tesla to achieve seemingly impossible deadlines and quickly navigate obstacles that would stifle most all other companies. How can one person run multiple companies that move so quickly and accomplish so much in highly regulated industries (automotive and space travel)?

“The Musk Algorithm”, as it is called in the book, is a road map you can use to cut through unnecessary, nonsensical bureaucracy: