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Full-Text Articles in Entertainment, Arts, and Sports Law
Agency Motivations In Exercising Discretion, David L. Markell
Agency Motivations In Exercising Discretion, David L. Markell
Scholarly Publications
No abstract provided.
Publicity Rights As Moral Rights, David Landau, David Westfall
Publicity Rights As Moral Rights, David Landau, David Westfall
Scholarly Publications
Recent legal history has witnessed the creation of a large number of new forms of property. Consequently, judges and legislators have generally been willing to imbue these new forms of property with all or most of the attributes of traditional property. In this article we try to explain this trend by examining one important new kind of property, the publicity right. Publicity rights initially emerged in response to functionalist considerations: transferable rights were needed to keep pace with commercial custom. As time went on, courts began to expand the attributes of the right to new frontiers, such as inheritability. In …