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.
Right Of Publicity
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Author :
language : en
Publisher:
Release Date : 2016
Right Of Publicity written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
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 licensing, promotion, merchandising, and endorsement.As a result of these trends, right of publicity is one of the fastest growing areas of intellectual property law, marketing and branding, and licensing, merchandising, endorsements, and promotion. Right of Publicity by nationally known author and valuation expert Weston Anson is a valuable resource for understanding and applying the important method of valuing rights of publicity and celebrity brands while also providing guidance in striking stronger and more lucrative deals. It is a clear and accessible examination of the topic--designed to appeal to legal advisors, business and talent managers, and celebrities themselves. Part I addresses the legal context: the genesis of right of publicity, common law precedence, pioneering case studies, and an overview of today's relevant and seminal cases. Part II deals with the parallels between traditional brands and celebrity brands, as well as detailing the business, finance, and analytical issues of right of publicity valuation. Part III covers the structuring, pricing, and challenges of deals for all types of celebrities.With the help of this practical resource, anyone who works with right of publicity will:--Know and understand today's law and deal making, and how the evolving shifting social media and Internet playing field affects right of publicity--Be able to engage in more and better deals with fewer problems--Learn how to earn greater income from rights of publicity
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.
Publicity Rights And Image
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Author : Gillian Black
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-30
Publicity Rights And Image written by Gillian Black and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-30 with Law categories.
Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. The book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually incoherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus. The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests. This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy and intellectual property.
Right Of Publicity
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Author : Weston Anson
language : en
Publisher: American Bar Association
Release Date : 2015
Right Of Publicity written by Weston Anson and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
A unique resource for lawyers, business and talent managers, and celebrities themselves, this book examines the increasingly important method of valuing rights of publicity and celebrity brands in addition to providing guidance for striking stronger and more lucrative deals. It covers the legal context, the parallels between traditional brands and celebrity brands, and the structuring, pricing, and challenges of deals for all types of celebrities. This book will help those who work with right of publicity to understand today's law and deal making; engage in more and better deals with fewer problems; and learn how to earn greater income from rights of publicity.
The Commercial Appropriation Of Fame
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Author : David Tan
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-20
The Commercial Appropriation Of Fame written by David Tan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-20 with Business & Economics categories.
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
Murray S Right Of Publicity In A Nutshell
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Author : FRANKLIN L. KURY
language : en
Publisher:
Release Date : 2022
Murray S Right Of Publicity In A Nutshell written by FRANKLIN L. KURY and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Personality (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.
Celebrity Rights
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Author : David S. Welkowitz
language : en
Publisher:
Release Date : 2010
Celebrity Rights written by David S. Welkowitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Celebrities categories.
This casebook deals with a burgeoning field of intellectual property law: the rights of individuals to control the use of their names, likenesses, and personas. This book allows for an in-depth course in Rights of Publicity, with far more extensive coverage than can be achieved within the confines of traditional courses, such as Trademarks or Copyright. In addition, unique among materials in this area, this book includes comparative materials from around the globe, enabling students and teachers to compare the similarities and differences in approaches to this issue among a variety of jurisdictions and courts (including such institutions as the European Court of Human Rights). The book covers a wide range of topics relevant to the subject, including common-law rights, rights under state and federal statutes, inheritability, domain name disputes, choice of law, preemption, remedies, and, of course, extensive coverage of free speech and free expression issues, both in the United States and abroad. The book is also structured to allow great flexibility in coverage--each chapter covers a manageable topic in the subject, and the comparative materials are in stand-alone sections within each chapter. The authors of this casebook have set forth a lengthy rationale for a course in Rights of Publicity in an article--Teaching Rights of Publicity, 52 St. Louis Univ. L.J. 905 (2008).