Landslide® September/October 2020

Landslide® September/October 2020

What’s in a Name, Likeness, and Image? The Case for a Federal Right of Publicity Law

The Right of Publicity is an intellectual property right based in state law which protects an individual's right to control commercial use of their identity. This article posits that it is time to harmonize the many state Right of Publicity laws by means of a federal statute. Beginning with a brief overview of the history and components of the Right of Publicity, the article goes on to make the case for a federal Right of Publicity law, arguing that such a law would reduce transaction costs and provide much needed protections for the identities of both celebrities and non-celebrities alike in the face of rapid technological changes.

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