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Full-Text Articles in Law

Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky Jan 2024

Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky

University of Miami Business Law Review

For the past several decades, technology has allowed us to create digital human beings that both resemble actual celebrities (living or deceased) or entirely virtual personalities from scratch. In the near future, this technology is expected to become even more advanced and widespread to the point where there may be entirely virtual celebrities who are just as popular as their flesh-and-blood counterparts—if not more so. This raises intellectual property questions of how these near-future digital actors and musicians should be classified, and who will receive the proceeds from their performances and appearances. Since, in the near-term, these entities will probably …


Unethical Marketing And Advertising To Children: Need For Regulation, Dr Sheetal Kapoor, Vikas Trivedi Nov 2023

Unethical Marketing And Advertising To Children: Need For Regulation, Dr Sheetal Kapoor, Vikas Trivedi

International Journal on Consumer Law and Practice

The International Organization for Standardization (ISO) lays emphasis to regulate advertising targeted at children globally as kids are inexperienced and vulnerable to adverse impact of promotions by marketers and such regulations are trailing behind.1 Ensuring a robust regulatory mechanism and its effective enforcement remains the biggest challenge globally. The present paper studies the rationale of advertisements targeting children, assesses the impact of contemporary media advertisements on children and appraises the existing regulatory landscape of children targeted advertisements in India. It pushes for the need for stronger regulatory framework in the emerging markets.


Free Speech In The Modern Age, Fordhamiplj@Gmail.Com Jan 2021

Free Speech In The Modern Age, Fordhamiplj@Gmail.Com

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Star Performances: Ed Roberts On The Speaking Circuit, 1983-1995, Scot Danforth Oct 2020

Star Performances: Ed Roberts On The Speaking Circuit, 1983-1995, Scot Danforth

Education Faculty Articles and Research

This article uses historical research methods to explore noted disability rights leader Ed Roberts' performances on the speaker circuit between 1983, when he left his position as director of the California Department of Rehabilitation, and his death in 1995. This article examines how he managed his performed identity, his self as presented on stage, in order to be a disability star. Using his own life story as a poignant example, he narrated an autobiography of how a paralyzed man could live a vigorous, successful, indeed a joyful life. His personal stories communicated his lived experiences of battling discrimination and stereotypes. …


Rights On Publicity As Remarkably Insignificant, R. George Wright Apr 2019

Rights On Publicity As Remarkably Insignificant, R. George Wright

Cleveland State Law Review

This Article introduces the right of publicity through a brief consideration of high-profile cases involving, respectively, Paris Hilton, human cannonball Hugo Zacchini, and the famous actress Olivia de Havilland. With this background understanding, the Article considers the supposed risks to freedom of speech posed by recognizing rights of publicity in a private party. From there, the Article addresses the nagging concern that the publicity rights cases promote a harmful "celebrification" of culture. Finally, the Article considers whether allowing for meaningful damage recoveries in publicity rights cases appropriately compensates victims in ways promoting the broad public interest.


Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume Jan 2019

Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume

Pepperdine Law Review

The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force …


Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves Mar 2017

Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves

University of Michigan Journal of Law Reform

As the power of celebrity continues to grow in the age of social media, so too does the price of using a celebrity’s name and likeness to promote a product. With the newfound ease of using Twitter, Facebook, and even print media to use a celebrity’s identity in conjunction with a product or company, right of publicity concerns arise. When a company uses a celebrity’s name and likeness without the celebrity’s authorization to market or sell a product, companies open themselves up to right of publicity suits. Many of these cases settle out of court. But when these cases do …


The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres Jun 2016

The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres

Pace Intellectual Property, Sports & Entertainment Law Forum

Part I of the article provides an overview of the right of publicity and its history. It presents the importance of this right, particularly for celebrities, and it focuses on the influence of the entertainment and sports industries in a global economy. Then, it analyzes the major differences in level of protection, scope and length, starting with the United States. Then it uses the standard in the United States and compares it with the protection offered in 22 selected jurisdictions based on a survey report by Kenyon & Kenyon titled Getting the Deal Through. Then, it addresses potential challenges to …


'Just A Couple Of Fags': Truman Capote, Gore Vidal, And Celebrity Feud, Guy R. Davidson Jan 2015

'Just A Couple Of Fags': Truman Capote, Gore Vidal, And Celebrity Feud, Guy R. Davidson

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article argues that the long-running feud between the two celebrity authors Truman Capote and Gore Vidal indicates a crucial shift in the nature of literary celebrity from the 1940s to the 1970s. At its commencement, the feud was about competition for literary fame and the respective literary talent of the two authors. It thus indicated the seriousness and the prestige that American culture accorded literature and how American literary celebrity differed from other forms of celebrity in its emphasis on what Loren Glass calls 'individual authorial consciousness'. But as the decades passed, literary achievement was increasingly sidelined by entertaining …


Review Essay, Learning Contracts Through Current Events: Lawrence Cunningham's Contracts In The Real World, Stories Of Popular Contracts And Why They Matter, Miriam A. Cherry Jan 2013

Review Essay, Learning Contracts Through Current Events: Lawrence Cunningham's Contracts In The Real World, Stories Of Popular Contracts And Why They Matter, Miriam A. Cherry

All Faculty Scholarship

This is a review essay of Professor Lawrence Professor Cunningham’s book Contracts in the Real World: Stories of Popular Contracts and Why They Matter (Cambridge 2012). As implied by the title, the book discusses contract law through the lens of well-known cases and celebrities. Along the way, readers will meet intellectuals such as poet Maya Angelou and the late Dr. Martin Luther King, Jr., as well as celebrities known for controversy, like Paris Hilton, Donald Trump, and Charlie Sheen. Professor Cunningham also deftly analyzes some of the notable contract law issues arising from the global financial crisis and the Bernie …


Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin Nov 2012

Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin

Pepperdine Law Review

No abstract provided.


What's In A Name? Fred Goldman's Quest To Acquire O.J. Simpson's Right Of Publicity And The Suit's Implications For Celebrities, Laura Hock Mar 2012

What's In A Name? Fred Goldman's Quest To Acquire O.J. Simpson's Right Of Publicity And The Suit's Implications For Celebrities, Laura Hock

Pepperdine Law Review

No abstract provided.


A Right Is Born: Celebrity, Property, And Postmodern Lawmaking, Mark Bartholomew Jan 2011

A Right Is Born: Celebrity, Property, And Postmodern Lawmaking, Mark Bartholomew

Journal Articles

This Article challenges the standard account of the creation of the right of publicity. In the legal literature, the prevailing narrative is of the right of publicity being intimately linked to the commodification of celebrity. Ultimately, however, there is more to the story of the right of publicity than the decision to protect something of economic value. It took decades after it had become clear that celebrities could be valuable commercial spokespersons for lawmakers to agree to make the right inheritable, separate from the dignitary right of privacy, and potentially applicable to any economic, secondary use that invoked the celebrity …


Anna Nicole Smith Goes Shopping: The New Forum Shopping Problem In Bankruptcy, Gilbert Marcus Cole, Todd J. Zywicki Feb 2010

Anna Nicole Smith Goes Shopping: The New Forum Shopping Problem In Bankruptcy, Gilbert Marcus Cole, Todd J. Zywicki

Gilbert Marcus Cole

The American bankruptcy system is a hybrid of state law and federal bankruptcy law. Under the Butner principle, federal bankruptcy courts preserve substantive non-bankruptcy law entitlements in bankruptcy unless bankruptcy policies compel a contrary result. This hybrid system, however, gives rise to the threat of forum-shopping if parties attempt to invoke bankruptcy jurisdiction for improper purposes, namely to rearrange non-bankruptcy entitlements to advance no coherent bankruptcy policy. Modern developments in bankruptcy law, as exemplified in the case of Marshall v. Marshall raise a novel threat of bankruptcy forum-shopping. Marshall involved the bankruptcy of tabloid starlet Anna Nicole Smith and her …


Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano Dec 2009

Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Professional Athlete's Right Of Publicity, Laura Lee Stapleton, Matt Mcmurphy Jan 1999

The Professional Athlete's Right Of Publicity, Laura Lee Stapleton, Matt Mcmurphy

Marquette Sports Law Review

No abstract provided.


Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel Jan 1999

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

Publications

No abstract provided.


Celebrity And The Media, Frances Bonner, Rebecca Farley, Philip Marshall, Graeme Turner Jan 1999

Celebrity And The Media, Frances Bonner, Rebecca Farley, Philip Marshall, Graeme Turner

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper presents the results of a survey of stories dealing with celebrities in a sample of newspapers, magazines, and television programming. Aimed at testing anecdotal accounts of an increase in the volume of such material within the media generally, the survey provides detailed evidence for the view that this now constitutes a significant portion of media output. The paper discusses these findings in the context of attempting to better understand the cultural function of such stories for their audience.


Fame, Roberta Rosenthal Kwall Jan 1997

Fame, Roberta Rosenthal Kwall

Indiana Law Journal

No abstract provided.


The Right Of Publicity And Vocal Larceny: Sounding Off On Sound-Alikes, Leonard A. Wohl Jan 1988

The Right Of Publicity And Vocal Larceny: Sounding Off On Sound-Alikes, Leonard A. Wohl

Fordham Law Review

No abstract provided.


The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness Jan 1982

The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness

Law Faculty Scholarly Articles

Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …


Right Of Publicity: Survivability Reconsidered, Andrew B. Sims Jan 1981

Right Of Publicity: Survivability Reconsidered, Andrew B. Sims

Fordham Law Review

No abstract provided.


Torts--Right Of Privacy--Violation By Unauthorized Publication Of Picture For Commercial Use, E. I. E. Jun 1942

Torts--Right Of Privacy--Violation By Unauthorized Publication Of Picture For Commercial Use, E. I. E.

West Virginia Law Review

No abstract provided.