Fame, Property, and Identity: The Scope and Purpose of the Right Of Publicity

46 Pages Posted: 27 Jan 2015 Last revised: 2 Apr 2015

Daniel J. Gervais

Vanderbilt University - Law School

Martin L. Holmes

affiliation not provided to SSRN

Date Written: December 31, 2014

Abstract

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

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

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

Martin L. Holmes

affiliation not provided to SSRN

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