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Toward A Limited Right Of Publicity: An Argument For The Convergence Of The Right Of Publicity, Unfair Competition & Trademark Law, Andrew Beckerman Rodau
Toward A Limited Right Of Publicity: An Argument For The Convergence Of The Right Of Publicity, Unfair Competition & Trademark Law, Andrew Beckerman Rodau
Andrew Beckerman Rodau
The right of publicity, the newest type of intellectual property, allows a person to control commercial use of his or her identity. The scope of the right has expanded significantly because many courts and commentators have misinterpreted it by viewing it as a pure property right justified by a labor or unjust enrichment theory. It should be evaluated in light of the utilitarian justification for intellectual property law. Rewarding people by allowing them to monetize their public persona is not the goal. The goal is to incentivize individuals to engage in creative endeavors for the benefit of the public. An …
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
Andrew Beckerman Rodau
This article examines the expansion of the subject matter that can be protected under intellectual property law. Intellectual property law has developed legal rules that carefully balance competing interests. The goal has long been to provide enough legal protection to maximize incentives to engage in creative and innovative activities while also providing rules and doctrines that minimize the effect on the commercial marketplace and minimize interference with the free flow of ideas generally. The expansive view of subject matter protectable via intellectual property law has erased the clear delineation between patent, copyright, and trademark law. This has led to overprotection …