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

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