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The Extent Of Protection Of The Individual’S Personality Against Commercial Use: Toward A New Property Right, George P. Smith Ii

Scholarly Articles

The purpose of this Article is to explore the extent of an individual's right of privacy, vis-à-vis the concepts of commercial use and appropriations, which compromise rights of publicity. The deceptively simple, yet complex, conclusion to be drawn from this analysis is that a delicate balance of interests must be struck, either legislatively or judicially, between recognizing a full right of privacy, and its permutations in the right of publicity, with the press and news media. A definitive balancing test may be elusive, but at a minimum, a framework for principled decision making must be attempted. It is imperative that …