46 Pages Posted: 27 Jan 2015 Last revised: 2 Apr 2015
Date Written: December 31, 2014
This Article examines the overlaps between the right of publicity and rights granted by trademark law and other deception-based restrictions on the use of names and symbols. It shows that the right of publicity creates a more expansive right rooted in a variegated normative soil with elements of privacy, personhood, and property. The Article suggests a proper scope for the right of publicity that protects free speech. The issue of descendibility is also discussed.
Keywords: Right of publicity
JEL Classification: K11, K13, K19
Suggested Citation: Suggested Citation
Gervais, Daniel J. and Holmes, Martin L., Fame, Property, and Identity: The Scope and Purpose of the Right Of Publicity (December 31, 2014). Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 25, No. 1; Vanderbilt Public Law Research Paper No. 15-7. Available at SSRN: https://ssrn.com/abstract=2556066