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2013

First Amendment

Mark A. Conrad

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A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark Conrad Aug 2013

A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark Conrad

Mark A. Conrad

No abstract provided.


A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark A. Conrad Aug 2013

A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark A. Conrad

Mark A. Conrad

What began as a novel subset of traditional privacy rights has led courts and legislatures to create a property-based right of publicity jurisprudence that has gone beyond its original goals and now crept into the traditional First Amendment domain of protection of artistic and creative rights. In the last two decades, courts have applied the “right of publicity” doctrine in various artistic contexts and various tests devised by the courts to balance the competing interests of free speech and commercial rights to one’s identity and image have produced a panoply of rulings, exacerbated by a lack of federal law and …