Preserving Film Preservation from the Right of Publicity

2018 Cardozo Law Review de novo 1

Cardozo Legal Studies Research Paper No. 544

13 Pages Posted: 26 Mar 2018 Last revised: 9 May 2018

See all articles by Christopher Buccafusco

Christopher Buccafusco

Benjamin N. Cardozo School of Law

Jared Vasconcellos Grubow

Benjamin N. Cardozo School of Law

Ian J. Postman

Benjamin N. Cardozo School of Law

Date Written: March 20, 2018

Abstract

Emerging digital tools are enabling movie studios to "reanimate" living and deceased actors for inclusion in new creative works. In addition, these same tools will also offer opportunities for preserving and restoring existing movies that have been heavily damaged. Digital restoration of existing film stock, thus, provides an important contribution to preservation and distribution of culture. Recently, however, actors have begun pushing for more expansive rights of publicity to prevent nonconsensual uses of their likenesses in newly created works. But whatever the merits of those arguments, publicity rights should not be allowed to stymie restoration and distribution of already created films. We argue that courts and legislators must find that the First Amendment, copyright law, and general principles of public policy restrain the assertion of publicity rights against film preservation and restoration.

Keywords: Right of publicity, remaster, preservation, first amendment, free speech, preempt, privacy

Suggested Citation

Buccafusco, Christopher J. and Grubow, Jared and Postman, Ian, Preserving Film Preservation from the Right of Publicity (March 20, 2018). 2018 Cardozo Law Review de novo 1; Cardozo Legal Studies Research Paper No. 544. Available at SSRN: https://ssrn.com/abstract=3145533

Christopher J. Buccafusco (Contact Author)

Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

Jared Grubow

Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

Ian Postman

Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

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