Law Commons^™

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 …