Privacy And The Right Of Publicity
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The Right Of Publicity
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Author : Jennifer E. Rothman
language : en
Publisher: Harvard University Press
Release Date : 2018-05-01
The Right Of Publicity written by Jennifer E. Rothman and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-01 with Law categories.
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. 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 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, 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. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
The Rights Of Publicity And Privacy
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Author : J. Thomas McCarthy
language : en
Publisher:
Release Date : 1987
The Rights Of Publicity And Privacy written by J. Thomas McCarthy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Privacy, Right of categories.
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.
The Right Of Publicity
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Author : Jennifer E. Rothman
language : en
Publisher:
Release Date : 2018
The Right Of Publicity written by Jennifer E. Rothman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal's 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard University Press. Insights from the book suggest that New York should not upend more than one hundred years of established privacy law in the state, nor jeopardize its citizens' ownership over their own names, likenesses, and voices by replacing these privacy laws with a new and independent right of publicity law, at least not the versions thus far proposed.The essay begins by busting a host of myths about the development of privacy law in New York and across the nation. The tort-based right of privacy was, and remains, the original right of publicity, and was even referred to as a right to stop “unwarranted publicity.” Privacy laws, from the beginning, protected the famous and anonymous alike, and allowed for recovery of economic and business damages, as well as of emotional distress and reputational harms.In the essay, I debunk the common, albeit erroneous, claim that the right of publicity was created in 1953 by the Second Circuit Court of Appeals in Haelan Labs. v. Topps Chewing Gum. Instead, the turn to a transferable and independent (of privacy) right of publicity actually occurred later, and was driven in part by Hollywood lawyers and heirs of celebrities who saw the advantages of a transferable property right in a person's identity. Such a shift, however, is often at the expense of the very individuals the right of publicity is supposed to protect. The essay concludes with some recommendations for New York, and for right of publicity and privacy laws more generally.
From Privacy Toward A New Intellectual Property Right In Persona
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Author : Julius Pinckaers
language : en
Publisher: Springer
Release Date : 1996-11-22
From Privacy Toward A New Intellectual Property Right In Persona written by Julius Pinckaers and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-11-22 with Law categories.
This book is an important study of the controversial `right' of persons to control the commercial use of their likeness, name, voice and other identifying indicia. In the first part, the author describes the right of publicity in the United States and the portrait right in the Netherlands, and discusses other relevant theories such as the right of privacy, copyright law, trademark law, false advertising law, misappropriation theories and neighbouring rights. In the second part, the author analyses whether the right of publicity tort can be developed into a new intellectual property right. In a challenging study, the author discusses the justifications and property nature of this intellectual property right and its conflict with the principles of free trade and free speech . The author concludes that it is possible to define a new assignable and descendible intellectual property right in which the principles of free trade and free speech are integrated: the Right of Persona . This book will be a valuable and practical source of case law and literature on the protection of celebrities and non-famous persons against the unpermitted use of their identity by advertisers, the press, the entertainment industry and other media.
Privacy And The Right Of Publicity
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Author : Faustin F. Jehle
language : en
Publisher:
Release Date : 1981
Privacy And The Right Of Publicity written by Faustin F. Jehle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Freedom of information categories.
Privacy And Personality Rights
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Author : Robert Deacon
language : en
Publisher: Jordan Publishing (GB)
Release Date : 2010
Privacy And Personality Rights written by Robert Deacon and has been published by Jordan Publishing (GB) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Celebrities categories.
This book is a practical guide to the drafting and protection of commercial agreements in the UK. It is the first book on the market to draw together the different strands of the law, including privacy, defamation, broadcasting rights, sponsorship, and merchandising. Analysis of the law is supplemented with precedent contractual agreements and injunctions enabling practitioners to respond quickly to their clients' needs. Article 8 of the European Court of Human Rights protects an individual's right to privacy, however, in the UK, this is particularly difficult to implement due to the lack of legislation in this area. Privacy law has developed as a result of several important cases over the past few years, such as Campbell v Mirror Group Newspapers, Douglas v Hello, and, most recently, the litigation involving Max Moseley. This book reviews each of these cases and explains the current situation regarding UK privacy law. Drawn from the Bar and the Press Complaints Commission, the team of authors is uniquely placed to give an insight into this increasingly complex and important area of law, to provide practical advice for practitioners who represent 'celebrity' clients. For anyone in the public eye whose image and reputation is their biggest commercial asset, they need to be able to protect this reputation and preserve their right to privacy while exploiting their image for commercial gain. When an individual's rights are violated, practitioners are frequently called upon to seek appropriate redress. This book suitably equips the practitioner to represent such clients and includes useful precedent contracts, injunctions, and claim documents on an accompanying CD-ROM.
Right Of Publicity In A Nutshell
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Author : Michael D. Murray
language : en
Publisher:
Release Date : 2018
Right Of Publicity In A Nutshell written by Michael D. Murray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
"Right of Publicity in a Nutshell will orient and acclimate the reader to the structure, public policy, claims, issues, and defenses of right of publicity law that regulates the use of celebrity names, images, and likenesses. The guide will teach you the vocabulary to use when consulting with lawyers, clients, accountants, financial planners, and insurers in the arts, entertainment, and sports fields. The book covers the concept of a right of publicity, the origin and distinctions between privacy and publicity law, the modern right of privacy, the theory and policy supporting the right of publicity, the requirements of a right of publicity action, the post-mortem right of publicity, copyright preemption and the effect of licensing, the federal false endorsement and false designation of origin claims, fair use of celebrity names, images, and likenesses, and the future of the right of publicity."--Publisher website.
Privacy
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Author : Jon L. Mills
language : en
Publisher: Oxford University Press
Release Date : 2008
Privacy written by Jon L. Mills and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
"Privacy: The Lost Right is an authoritative overview of privacy in today's intrusive world. By analyzing the history and context of modern common law, tort, statutory and constitutional protections for the individual, Jon L. Mills exposes the complex web of laws and policies that fail to provide privacy protection. Identifying specific violations against privacy rights, such as identity theft, tabloid journalism, closed-circuit television, blogs, and Right to Die, he also provides a comprehensive assessment of privacy and legal remedies in the United States. Mills uses his experience as a former policy maker formulating Florida's constitutional privacy provisions and as an attorney in celebrity privacy cases to provide the leader with an understanding of the increasing intrusions in privacy rights, the possible harm, and available protections."--BOOK JACKET.
Privacy And The Media
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Author : Daniel J. Solove
language : en
Publisher: Aspen Publishing
Release Date : 2023-12-13
Privacy And The Media written by Daniel J. Solove and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-13 with Law categories.
A clear, comprehensive, and cutting-edge introduction to the field of information privacy law focusing on the regulation of the media. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy and information gathering, disclosure of truthful information, dissemination of false information, appropriation of names or likenesses, and privacy protections for anonymity and receipt of ideas. New to the 5th Edition: Tighter editing and shorter chapters Up to the date coverage of media cases impacting on the right of publicity Expanded discussion of online harassment
Privacy And The Media
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Author : Daniel J. Solove
language : en
Publisher: Aspen Publishing
Release Date : 2023-12-29
Privacy And The Media written by Daniel J. Solove and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-29 with categories.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law focusing on the regulation of the media. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy and information gathering, disclosure of truthful information, dissemination of false information, appropriation of names or likenesses, and privacy protections for anonymity and receipt of ideas. New to the 5th Edition: Tighter editing and shorter chapters Up to the date coverage of media cases impacting on the right of publicity Expanded discussion of online harassment