One Piece of the Puzzle: A Private Right to Your Image in the Digital Age

I/S: A Journal of Law & Policy for the Information Society, Forthcoming

Albany Law School Research Paper No. 4, 2011-2012

21 Pages Posted: 4 May 2011 Last revised: 19 Aug 2014

Robert A. Heverly

Albany Law School

Date Written: May 2, 2011

Abstract

This essay argues for the creation of a right in one’s image for those up to and including the age of twenty-one. The right, which is justified by the pernicious persistence of digital media over time and space, would allow right holders to prohibit distribution of media artifacts – audio, still image, and video files – that include their image or voice. It is designed akin to moral rights in copyright, and as such is not exploitable for profit as such, but instead allows for those whose images are embedded in digital media to halt distribution or display of those files. Combined with other societal responses to the persistence of digital media, including shifting social norms and additional legal responses, the image right would form one piece of the puzzle designed to mitigate the harshness of life for young people in today’s world.

Keywords: youth, digital media, persistence, image right

JEL Classification: K00

Suggested Citation

Heverly, Robert A., One Piece of the Puzzle: A Private Right to Your Image in the Digital Age (May 2, 2011). I/S: A Journal of Law & Policy for the Information Society, Forthcoming; Albany Law School Research Paper No. 4, 2011-2012. Available at SSRN: https://ssrn.com/abstract=1829805

Robert Heverly (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518 445-2379 (Phone)

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