Preserving Film Preservation from the Right of Publicity
2018 Cardozo Law Review de novo 1
13 Pages Posted: 26 Mar 2018 Last revised: 9 May 2018
Christopher Buccafusco
Yeshiva University - Benjamin N. Cardozo School of Law
Jared Vasconcellos Grubow
Yeshiva University - Benjamin N. Cardozo School of Law
Ian J. Postman
Yeshiva University - 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: Suggested Citation
Christopher J. Buccafusco (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
Jared Grubow

Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
Ian Postman

Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
Here is the Coronavirus
related research on SSRN
Related eJournals
-
Cardozo Law School Legal Studies Research Paper Series
Cardozo Law School Legal Studies Research Paper Series
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS3,587PAPERS647This Journal is curated by:Christine Anne George at Yeshiva University - Benjamin N. Cardozo School of Law -
U.S. Constitutional Law: Rights & Liberties eJournal
U.S. Constitutional Law: Rights & Liberties eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,391PAPERS13,176This Journal is curated by:Matthew D. Adler at Duke University School of Law, Brian Bix at University of Minnesota Law School -
Law & Humanities eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,236PAPERS9,124This Journal is curated by:Reva Siegel at Yale University - Law School -
Intellectual Property: Copyright Law eJournal
Intellectual Property: Copyright Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS868PAPERS6,243This Journal is curated by:Robert P. Merges at University of California, Berkeley - School of Law -
Intellectual Property: Other eJournal
Intellectual Property: Other eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS788PAPERS4,356This Journal is curated by:Robert P. Merges at University of California, Berkeley - School of Law -
Torts & Products Liability Law eJournal
Torts & Products Liability Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS640PAPERS7,920This Journal is curated by:Keith N. Hylton at Boston University - School of Law -
Ethics eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS612PAPERS7,984 -
Law & Society: Public Law - Constitutional Law eJournal
Law & Society: Public Law - Constitutional Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS498PAPERS22,281This Journal is curated by:Steve Sanders at Indiana University Maurer School of Law -
Law & Culture eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS417PAPERS7,041This Journal is curated by:Bruce L. Hay at Harvard Law School, Reva Siegel at Yale University - Law School -
Law & Society: Private Law - Torts eJournal
Law & Society: Private Law - Torts eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS374PAPERS3,929This Journal is curated by:Asaf Lubin at Indiana University Maurer School of Law -
Law & Society: Legislation eJournal
Law & Society: Legislation eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS368PAPERS6,846This Journal is curated by:Luis E. Fuentes-Rohwer at Indiana University Maurer School of Law -
Law & Society: Private Law - Intellectual Property eJournal
Law & Society: Private Law - Intellectual Property eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS365PAPERS9,367This Journal is curated by:Michael Mattioli at Indiana University Maurer School of Law -
Aesthetics & Philosophy of Art eJournal
Aesthetics & Philosophy of Art eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS286PAPERS919 -
Communication & Technology eJournal
Communication & Technology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS76PAPERS1,963 -
Communication Law & Policy eJournal
Communication Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS63PAPERS1,091 -
History & Philosophy of Communication eJournal
History & Philosophy of Communication eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS61PAPERS394 -
Comparative Political Economy: Regulation eJournal
Comparative Political Economy: Regulation eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS47PAPERS19,364This Journal is curated by:Frances McCall Rosenbluth at Yale University - Department of Political Science -
Other Information Systems & eBusiness eJournal
Other Information Systems & eBusiness eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS0PAPERS4,449
