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Applying Genericide To The Right Of Publicity, Zoe Argento
Applying Genericide To The Right Of Publicity, Zoe Argento
Vanderbilt Journal of Entertainment & Technology Law
This article proposes applying genericide to the right of publicity as a way to cabin the over-expansion of publicity rights. The article offers a different approach than previous proposals, which seek to either narrow the definition of publicity rights or bolster defenses, such as the First Amendment. Like trademark genericide, the celebrity's image comes to refer to an idea, not to the identity of the source of the product or to the identity of the celebrity. This article proposes a test: whether the aspect of the celebrity's persona at issue has been used in the public dialogue with a clearly …