The Rights Of Publicity Privacy
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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.
The Rights Of Publicity Privacy
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Author : J. Thomas McCarthy
language : en
Publisher:
Release Date : 2015
The Rights Of Publicity 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 2015 with Privacy, Right of categories.
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.
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.
Laws Of Image
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Author : Samantha Barbas
language : en
Publisher: Stanford University Press
Release Date : 2015-09-30
Laws Of Image written by Samantha Barbas and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-30 with Law categories.
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.
Privacy And Publicity
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Author : Beatriz Colomina
language : en
Publisher: MIT Press
Release Date : 1996-02-28
Privacy And Publicity written by Beatriz Colomina and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-28 with Architecture categories.
Through a series of close readings of two major figures of the modern movement, Adolf Loos and Le Corbusier, Beatriz Colomina argues that architecture only becomes modern in its engagement with the mass media, and that in so doing it radically displaces the traditional sense of space and subjectivity. Privacy and Publicity boldly questions certain ideological assumptions underlying the received view of modern architecture and reconsiders the methodology of architectural criticism itself. Where conventional criticism portrays modern architecture as a high artistic practice in opposition to mass culture, Colomina sees the emerging systems of communication that have come to define twentieth-century culture—the mass media—as the true site within which modern architecture was produced. She considers architectural discourse as the intersection of a number of systems of representation such as drawings, models, photographs, books, films, and advertisements. This does not mean abandoning the architectural object, the building, but rather looking at it in a different way. The building is understood here in the same way as all the media that frame it, as a mechanism of representation in its own right. With modernity, the site of architectural production literally moved from the street into photographs, films, publications, and exhibitions—a displacement that presupposes a new sense of space, one defined by images rather than walls. This age of publicity corresponds to a transformation in the status of the private, Colomina argues; modernity is actually the publicity of the private. Modern architecture renegotiates the traditional relationship between public and private in a way that profoundly alters the experience of space. In a fascinating intellectual journey, Colomina tracks this shift through the modern incarnations of the archive, the city, fashion, war, sexuality, advertising, the window, and the museum, finally concentrating on the domestic interior that constructs the modern subject it appears merely to house.
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.
The Commercial Appropriation Of Personality
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Author : Huw Beverley-Smith
language : en
Publisher: Cambridge University Press
Release Date : 2002-08-15
The Commercial Appropriation Of Personality written by Huw Beverley-Smith 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 2002-08-15 with Law categories.
Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.