

It also used to be that if one part of such a contract was found to be illegal, the entire thing would be thrown out, not any more.
Not necessarily.
A contract is supposed to be a mutually-beneficial arrangement. I sell you a car for its market value. I work for you for a market price on my time for the position and my expertise.
If there’s a small mistake both sides are willing to amend - there probably won’t even be a suit.
Even if there is a suit, most places’ laws prefer nudging toe contract to the side “less off” in such cases.
Only when there are unreasonable demands by one side, or the contract is so one-sided it can’t be amended is when it gets thrown out completely.
Which is supposed to be almost never.
Therefore, I don’t think the rules themselves changed as much as the goalposts and the reasonableness window have. Quality of life and purchase power is decreasing steadily basically since Reagan.
Contemporary EULAs are taken as acceptable and a fact of life when even 10 years ago T&Cs were laughed at which were much less unreasonable in comparison.
Other types of contracts follow the same general direction, with employment ones being among the absolute worst.




I wouldn’t agree. Sure, Taylor Swift would own her likeness. But so would her doppleganger.
This could be done on a nonsensical basis such as first-dibs or whose ever is the most well-known, but the only logical option is that both are protected.
So if our Taylor doppleganger goes around just looking and existing with an appearance closely matching Taylor’s, she’s protected under her own likeness.
If she goes on to claim of being Taylor Swift and swindles people, that’s a seperate issue dealt with impersonation statutes.
Even cosplaying as they did with Dolly Parton would be protected under free speech/expression.
Since these protections already exist, a right to likeness only really stops the deepfakes, which is exactly the point.