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The Right of Publicity Maturation of an Independent Right Protecting Associative Value

21 Pages Posted: 2 Jun 2010  

Sheldon W. Halpern

Albany Law School

Date Written: 1995

Abstract

Dispute and confusion marked the emergence and development of the “right of publicity,” a right concerned with the use of attributes of a generally identifiable person to enhance the commercial value of an enterprise. The Second Circuit decision in Haelan Laboratories v. Topps Chewing Gum, Inc. has played a pivotal role in shaping the understanding of the right of publicity. That case established that a celebrity has a right to damages and other relief for the unauthorized commercial appropriation of the celebrity’s persona.

Since that case, the law has matured in the development of a flexible common-law approach to the commercialization of identity and the “associative value” inherent in celebrity. This article tracks those developments.

Suggested Citation

Halpern, Sheldon W., The Right of Publicity Maturation of an Independent Right Protecting Associative Value (1995). Hastings Law Journal, Vol. 46, No. 853, 1995. Available at SSRN: https://ssrn.com/abstract=1619485

Sheldon W. W. Halpern (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
614-599-1118 (Phone)

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