Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Property's End: Why Competition Policy Should Limit The Right Of Publicity, Steven Semeraro
Property's End: Why Competition Policy Should Limit The Right Of Publicity, Steven Semeraro
Steven Semeraro
The right of publicity is an intellectual property right that empowers celebrities to prohibit the unauthorized use of their names, images, and identities. Over the past two decades, academic commentators have presented powerful critiques of this right. Yet, legislatures and courts have turned a deaf ear, continuing to expand publicity rights. This article has two goals. First, it explains why the seemingly persuasive critique of the right of publicity has failed to influence law makers. The right’s critics claim that publicity cannot be property because the arguments used to justify actual property simply do not apply to publicity. When one …
Distinguishing The Right Of Publicity: Property Rights, Free Speech Privilege, And Competition Policy, Steven Semeraro
Distinguishing The Right Of Publicity: Property Rights, Free Speech Privilege, And Competition Policy, Steven Semeraro
Steven Semeraro
The right of publicity is an enigmatic property right. Its many critics argue that it should not be a property right at all, because 1) it is unnecessary to stimulate the pursuit of fame; 2) unneeded to manage the value of publicity; and 3) undeserved in any recognized moral sense. Yet, this ostensibly persuasive critique has had little practical impact. The right of publicity today is stronger than ever. This article contends that the prevailing critique of publicity rights has failed to influence the courts in large part because each quiver in its arsenal would be just as fatal were …