Entertainment, Arts, and Sports Law Commons^™

Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets

Federal Communications Law Journal

The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …