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Wednesday, July 29, 2020 | History

1 edition of The right of publicity found in the catalog.

The right of publicity

Jennifer E. Rothman

The right of publicity

privacy reimagined for a public world

by Jennifer E. Rothman

  • 80 Want to read
  • 13 Currently reading

Published .
Written in English

    Subjects:
  • Intellectual property,
  • Publicity (Law),
  • Personality (Law),
  • Right of Privacy

  • About the Edition

    The Right of Publicity: Privacy Reimagined for a Public World provides the first serious scholarly analysis of an increasingly important legal claim--the right of publicity. This unwieldy law, often the darling of celebrities, protects against the use of a person"s identity without permission. Often erroneously thought to have been created in the 1950s, the law has expanded into a new type of intellectual property right that limits free speech and interferes with authors" use of copyrighted works. Most troublingly, the right of publicity now threatens to undermine the very rights of the individuals it was designed to protect. By revisiting the real story of how the right of publicity came to be what it is today, the author provides a path forward for limiting the right. The book tackles a host of current issues, from the use of celebrities" images on merchandise and in social media, to claims by student-athletes that they should be paid when their likenesses appear in videogames and photographs, to the objections of subscribers to the use of their names and images in sponsored advertisements in social media, to efforts to get one"s image and name removed from revenge porn and mugshot websites, to the taxation and control of dead celebrities" lucrative identities.--

    Edition Notes

    Includes bibliographical references and index.

    StatementJennifer E. Rothman
    Classifications
    LC ClassificationsKF1262 .R68 2018
    The Physical Object
    Pagination240 pages
    Number of Pages240
    ID Numbers
    Open LibraryOL26955375M
    ISBN 100674980980
    ISBN 109780674980983
    LC Control Number2017045240
    OCLC/WorldCa1006452181

      In Part 1, the first three chapters of the book trace the roots of the right of publicity within the right of privacy in the late s. Part 2 (featuring chapters 4 and 5) focuses on the expansion of the right of publicity between the s and the s, as 5/5.   Earlier this week, the Second Circuit, in an opinion penned by Judge Pierre Leval, held that a right of publicity claim by rap artist Curtis James Jackson III, better known as 50 Cent, was preempted by federal copyright law.. The claim was brought under Connecticut law and arose out of Jackson’s objection to the use of a second sample of his hit song In Da Club and the use of his name.

      The right of publicity cannot stop "the free dissemination of thoughts, ideas, newsworthy events, and matters of public interest" guaranteed by the . “ The book is a fascinating read for anyone interested in gaining a better understanding of the nuts and bolts of right of publicity law and how the doctrine evolved to where it is today. Rothman concisely connects the dots among seemingly irreconcilable court decisions while debunking myths about the .

      The right of publicity is an offshoot of state privacy law that gives a person the right to limit the public use of her name, likeness, or identity for commercial purposes. A limited version of this right makes sense. For example, you should be able to prevent a company from running an advertisement that falsely claims that you endorse its products. The right to control the commercial use of one’s identity, also known as the “right of publicity,” is an increasingly important area of intellectual property law as sponsorships and endorsements have become commonplace in advertising and as damages in right of publicity cases have risen substantially.


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The right of publicity by Jennifer E. Rothman Download PDF EPUB FB2

“A formidable book that maps out the contours of the publicity right in an appealing and timely way.” ― Eleanor Wilson, Journal of Intellectual Property Law and Practice “Rothman’s important book is an excellent contribution to the field, one that will hopefully provoke courts and legislatures to rethink their headlong expansion of 5/5(6).

Beginning in the s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn.

The right of publicity has lost its way. The book challenges the conventional story of the right of publicity’s development, and warns of the danger of turning people into intellectual property.

This shift has jeopardized control over our own identities, The right of publicity book also limiting free speech, and suppressing artistic works and public commentary.

The comprehensive go-to website on the right of publicity. Site provides breaking news, expert commentary, and state survey on the right of publicity from the nation’s leading expert. Since books and other publications are distributed widely and because some states only recognize the right of publicity for celebrities while others protect all individuals if their identity is used for commercial advantage it is important for the publisher to be prepared to defend right of publicity claims in all states.

The Allocative Economic Theory lays out that publicity rights may either belong to the celebrity or be transferred to other people, allocating the value associated with the celebrity with whoever values it the highest (Helling,p.

19–20). The right of publicity is sometimes falsely justified by the rationales of trademark by: 1. Right of Publicity: an overview.

The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.

It gives an individual the exclusive right to license the use of their identity for commercial promotion. In the United States, the right of publicity is largely. Right of publicity is multi-faceted, complex, and continuing to evolve.

This book is a clear and accessible examination of the topic that is designed to appeal to legal advisors, business and talent managers, and celebrities themselves.5/5(1).

The right of publicity is an intellectual property right that protects against the misappropriation of a person’s name, likeness, or other indicia of personal identity—such as nickname, pseudonym, voice, signature, likeness, or photograph—for commercial benefit.

This looseleaf treatise examines the inherent rights of individuals to control the commercial use of their identities. Trademarks, copyrights, false advertising, defamation, infliction of mental distress, interference with contract, licenses, and other aspects of publicity and privacy are discussed in the work.

Welcome. The Right of Publicity is continuing to evolve rapidly through case law and legislation. It consistently inspires vigorous debate. Sometimes those debates address legitimate issues; other times, the debate is an effort to muddy the waters to suit a particular industry’s interests.

Right of Publicity: Overviewby Practical Law Intellectual Property & TechnologyRelated ContentA Practice Note providing an overview of right of publicity law in the US and related practice considerations. The Note covers the scope, enforceability, and transferability of the right, remedies for violations of the right, and principal exemptions and defenses to right of publicity • The reasons for privacy and publicity rights • Elements of infringements • Defenses • Procedures for asserting rights • Remedies • Constitutional issues • Postmortem right of publicity • Assignments and licenses • Trademarks, false advertising, copyright, misappropriation, defamation, and other related torts.

Right of publicity is multi-faceted, complex, and continuing to evolve. Right of Publicity: Analysis, Valuation and the Law is a unique book that brings together two truly unique phenomena: the legal aspects of the rights of publicity, which are increasingly talked about, utilized, expanded and litigated.

The second is cultural and business based, the rapid growth of celebrity branding via. “Right of Publicity” is a common reference to “Personality rights”.

It is a right of an individual to control the commercial use of his or her name, image, likeness or identity. It is generally considered a property right as opposed to a personal right.

In most of the countries, the Right of Publicity is recognized under statutes. Description: Right of publicity is multi-faceted, complex, and continuing to evolve. Right of Publicity: Analysis, Valuation and the Law is a unique book that brings together two truly unique phenomena: the legal aspects of the rights of publicity, which are increasingly talked about, utilized, expanded and.

Generally speaking, the Right of Publicity in California protects against unauthorized uses of a person’s name or likeness for commercial and certain other exploitative purposes. California has two systems of Right of Publicity law: a statute, and a common law right.

There is an exemption for any uses in a "play, book, magazine, newspaper. The right of publicity is a person’s right to commercialize or profit from his persona. The right of publicity is why you may not use Woody Allen’s picture to advertise your clothing line.

An activity that cost American Apparel a $5 Million settlement fee. Right of Publicity and President-Elect Trump (12/6/16) Forbes' Annual Top-Earning Dead Celebrities (10/13/16) Indy Bar Association Hosts THE Right of Publicity Event of (10/4/16) Rolling Stone article looks inside Prince estate developments (9/22/16) Rolling Stone analyzes Right of Publicity issues in Kanye West's Famous video (7/5/16).

This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late s.

The central impetus for the adoption of privacy laws was to protect people from. The law of the right of publicity is complex. If you believe that you are a victim of the right to publicity then contact the experienced attorneys at Minc Law to evaluate your case.

The laws regarding the right to publicity vary depending on the state. Call () today to find out more information. This page covers legal information specific to the District of Columbia. For more general information, see the Legal Guide page on Using the Name or Likeness of Another; for other states, see State Law: Right of Publicity.

Washington D.C. courts recognize a common law claim for misappropriation of another's name or likeness.The morning will provide an overview of book publishing agreements and current developments in the publishing industry, followed by a review of the current state of right of publicity law and a comprehensive litigation update in mobile, cloud and digital/Internet entertainment.