The Right of Publicity Maturation of an Independent Right Protecting Associative Value
Sheldon W. Halpern
Albany Law School
Hastings Law Journal, Vol. 46, No. 853, 1995
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.
Number of Pages in PDF File: 21
Date posted: June 2, 2010