Fame, Property & Identity: The Purpose and Scope of the Right of Publicity

Authors

Daniel Gervais, Vanderbilt University - Law SchoolFollow
Martin L. Holmes, Counsel to U.S. Senator Lindsey Graham

Keywords

Right of publicity

Abstract

This Article examines the overlaps between the right of publicity and rights granted by trademark law and other deception-based restrictions on the use of names and symbols. It shows that the right of publicity creates a more expansive right rooted in a variegated normative soil with elements of privacy, personhood, and property. The Article suggests a proper scope for the right of publicity that protects free speech. The issue of descendibility is also discussed.

Recommended Citation

Daniel Gervais and Martin L. Holmes, Fame, Property & Identity: The Purpose and Scope of the Right of Publicity, 25 Fordham Intell. Prop. Media & Ent. L.J. 181 (2014).
Available at: https://ir.lawnet.fordham.edu/iplj/vol25/iss1/4