Is Independence Day Dawning for the Right of Publicity?
Roberta Rosenthal Kwall
DePaul University - College of Law
U.C. Davis Law Review, Vol. 17, No. 191, pp. 191-255, 1983
This Article explores several controversial issues triggered by the recognition and expansion of the right of publicity. It argues that the right of publicity should be construed expansively so that every person and her heirs and grantees can rely upon it to prevent the commercial exploitation of any personal attribute capable of public recognition. The Article asserts that because such a broad scope of protection for the right of publicity must, at some point, clash with the right of free expression cherished by society, a doctrine must emerge which will balance both interests successfully. It advocates the adoption of a concept analogous to the fair use doctrine present in the copyright laws as a viable resolution of this problem.
Number of Pages in PDF File: 66Accepted Paper Series
Date posted: December 2, 2005
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