Rethinking the Right of Publicity in the Context of Social Media

29 Pages Posted: 15 Jun 2018  

Ashley Messenger

American University

Date Written: May 30, 2018

Abstract

This paper, inspired by a tweet by Chevy (the maker of Corvette) after Prince's death in 2016, explores whether current case law on the right of publicity provides helpful guidance for corporate speakers when the speech refers to a person. In particular, the article looks at the relationship between "commercial use" of a person's name or likeness and the "commercial speech" doctrine; evaluates the ways corporations speak via social media; and suggests ways to think about corporate social media messages to protection speech that otherwise would be protected by the First Amendment.

Keywords: Right of Publicity, Jordan v. Jewell-Osco, commercial speech, commercial use, social media, Twitter

Suggested Citation

Messenger, Ashley, Rethinking the Right of Publicity in the Context of Social Media (May 30, 2018). Available at SSRN: https://ssrn.com/abstract=3187561 or http://dx.doi.org/10.2139/ssrn.3187561

Ashley Messenger (Contact Author)

American University ( email )

4400 Massachusetts Ave, NW
Washington, DC 20016
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
88
rank
268,635
Abstract Views
437
PlumX