The Evolution of Intellectual Property Theory and the Right of Publicity in the U.S. Contemporary Application in the Entertainment and Sport Industry

Abstract

Contemporary intellectual property law applications illustrate a very dynamic and rapidly evolving conceptual environment. The proverbial conflict has been between the protection of intellectual creation and the general freedom to create de novo, including expressions of one’s intellect that have been inspired by others. It is precisely this conflict that has triggered a continuous field day for contemporary scholarship, and volumes such as the one at hand significantly contribute to further understanding of such competing concepts. Given the cultural differences and different historical underpinnings among international jurisdictions, along with the globalization of business and constant exchange of human and intellectual capital, comparative intellectual property studies may become a norm. Additionally, it is of great importance that scholars, practitioners, and policy-makers define the limits, or alternatively attempt to describe the parameters for flexible applications, of the freedom of expression, encouraging creative and innovative ideas, thus ensuring society in its entirety benefits, whilst also upholding the creators’ rights to their intellectual property. One of the richest sources of intellectual property theory, given its social, political, and entrepreneurial environment, has been American legal theory and jurisprudence in the U.S. Moreover, through its early evolution as a distinct area of fundamental rights, to today’s elaborate amalgam of collective rights and free access via the public domain versus private rights protection, U.S. intellectual property theory and specifically the right of publicity continue to evolve through conditions and applications in the sectors of (new) media, entertainment, and sports.

Keywords: Intellectual Property, Theory, Right of Publicity, Jurisprudence, Sport, Entertainment Law

JEL Classification: C44, D12, K00, K10, K19, K20, K29, K30, K39, K40, K41, K49, O34