In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership ...
Author: Jennifer E. Rothman
Publisher: Harvard University Press
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal's 2 symposium on a proposed right of publicity law in New York.
Author: Jennifer E. Rothman
This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal's 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard University Press. Insights from the book suggest that New York should not upend more than one hundred years of established privacy law in the state, nor jeopardize its citizens' ownership over their own names, likenesses, and voices by replacing these privacy laws with a new and independent right of publicity law, at least not the versions thus far proposed.The essay begins by busting a host of myths about the development of privacy law in New York and across the nation. The tort-based right of privacy was, and remains, the original right of publicity, and was even referred to as a right to stop “unwarranted publicity.” Privacy laws, from the beginning, protected the famous and anonymous alike, and allowed for recovery of economic and business damages, as well as of emotional distress and reputational harms.In the essay, I debunk the common, albeit erroneous, claim that the right of publicity was created in 1953 by the Second Circuit Court of Appeals in Haelan Labs. v. Topps Chewing Gum. Instead, the turn to a transferable and independent (of privacy) right of publicity actually occurred later, and was driven in part by Hollywood lawyers and heirs of celebrities who saw the advantages of a transferable property right in a person's identity. Such a shift, however, is often at the expense of the very individuals the right of publicity is supposed to protect. The essay concludes with some recommendations for New York, and for right of publicity and privacy laws more generally.
Privacy Reimagined for a Public World (2018) The right of publicity, a creature of state rather than federal law, has its origin in the right of privacy, which dates back to the development of handheld cameras and advances in printing ...
Author: Susan F. French
Publisher: Aspen Publishing
This completely revised and streamlined Seventh Edition of Cases and Text on Property by Susan Fletcher French and Gerald Korngold is smart, compact, and thoughtful. The carefully selected and edited cases and problems give students what they need to learn about Property law in the 21st Century. In addition to ample coverage of traditional Property subjects, the text includes substantial coverage of intellectual property, modern servitudes law, common interest communities, and constitutional limits on governmental power to acquire and regulate property. New to the Seventh Edition: A reorganization of Chapter 4 (Property Rights in Creative Works) to begin with copyright, with notes on the Google and TVEyes cases, and an important new case on patent exhaustion, Impression Products, Inc. v. Lexmark Int’l, Inc. Important new cases Marbar, Inc. v. Katz; Craig Wrecking Co. v. S.G. Loewendick & Sons, Inc.; Vallely Investments, L.P. v. Bancamerica Commercial Corp; Sparks v. Fidelity Nat’l Title Ins. Co.; and Coons v. Carstensen A new subsection in Chapter 13 (The Takings Clause) that highlights coverage of the public trust doctrine with two new Supreme Court cases, Murr v. Wisconsin and Horne v. Dep’t of Agriculture The authors have continued to revise and streamline the casebook without adding additional pages to this new edition. Professors and students will benefit from: Traditional cases-and-notes pedagogy with integrated problems Introductory chapters that put contemporary property law in historical context A casebook renowned for its absorbing text and teachable cases that many users have stayed with for the entire span of their careers A casebook well-suited for a 4-unit Property course, but also with sufficient material that it can readily be adapted for a 5- or 6-unit course Teaching materials include: A comprehensive Teacher’s Manual with brief suggestions for teaching every case, answers to questions asked in the notes, and maps and diagrams to explain difficult cases and problems The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
See, e.g., Nordhaus, supra note 27; Yanisky-Ravid & Lahav supra note 10; Jennifer Rothman, The Right of Publicity: Privacy Reimagined for a Public World (2018). See Daniel Solove, The Virtues of Knowing Less: Justifying Privacy ...
Author: I. Glenn Cohen
Publisher: Cambridge University Press
For the average person, genetic testing has two very different faces. The rise of genetic testing is often promoted as the democratization of genetics by enabling individuals to gain insights into their unique makeup. At the same time, many have raised concerns that genetic testing and sequencing reveal intensely personal and private information. As these technologies become increasingly available as consumer products, the ethical, legal, and regulatory challenges presented by genomics are ever looming. Assembling multidisciplinary experts, this volume evaluates the different models used to deliver consumer genetics and considers a number of key questions: How should we mediate privacy and other ethical concerns around genetic databases? Does aggregating data from genetic testing turn people into products by commercializing their data? How might this data reduce or exacerbate existing healthcare disparities? Contributing authors also provide guidance on protecting consumer privacy and safety while promoting innovation.
JENNIFER E. ROTHMAN, THE RIGHT OF PUBLICITY: PRIVACY REIMAGINED FOR A PUBLIC WORLD (Harvard University Press, Cambridge, MA 2018). 3. Roberson v. Rochester Folding Box Co., 171 N.Y. 538, 556 (1902). 4. Id. 5. N.Y. CLS CIV. R. §§50–51.
Author: Carmen Maye
Category: Business & Economics
Addressing a critical need, Advertising and Public Relations Law explores the issues and ideas that affect the regulation of advertising and public relations speech, some of the most dynamic and prevalent areas of professional communications today. This updated third edition explores the categorization of different kinds of speech and their varying levels of First Amendment protection as well as common areas of litigation for communicators such as defamation, invasion of privacy, and copyright and trademark infringement. Features of this edition include: A new chapter on Internet-related laws affecting advertising and public relations speech. History and background of major legal theories affecting professional communicators. Extended excerpts from major court decisions. Overviews of relevant federal and state regulatory schemes, including those promulgated and enforced by the FTC, FCC, FDA and others. Appendices providing a legal glossary, a chart of the judicial system, sample model releases and copyright agreement forms. The volume is developed for upper-level undergraduate and graduate students in media, advertising and public relations law or regulation courses. It also serves as an essential reference for advertising and public relations practitioners.
defining privacy As Daniel Solove observes, there are multiple “conceptions of privacy.”2 What follows is a brief ... See also, JENNIFER E. ROTHMAN , THE RIGHT OF PUBLICITY : PRIVACY REIMAGINED FOR A PUBLIC WORLD 15–16 (2018).
Author: Stacy-Ann Elvy
Publisher: Cambridge University Press
In the Internet of Things (IoT) era, online activities are no longer limited to desktop or laptop computers, smartphones and tablets. Instead, these activities now include ordinary tasks, such as using an internet-connected refrigerator or washing machine. At the same time, the IoT provides unlimited opportunities for household objects to serve as surveillance devices that continually monitor, collect and process vast quantities of our data. In this work, Stacy-Ann Elvy critically examines the consumer ramifications of the IoT through the lens of commercial law and privacy and security law. The book provides concrete legal solutions to remedy inadequacies in the law that will help usher in a more robust commercial law of privacy and security that protects consumer interests.
Rotenberg, Marc; Horwitz, Julia; and Scott, Jeramie (eds), Privacy in the Modern Age: The Search For Solutions (New York and London: New Press 2015). Rothman, Jennifer, The Right of Publicity: Privacy Reimagined for a Public World ...
Author: Megan Richardson
Publisher: Edward Elgar Publishing
Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape.
... THE RIGHT OF PUBLICITY : PRIVACY REIMAGINED FOR A PUBLIC WORLD 157–59 (2018). 63 Rogers, 875 F.2d at 997–1002. 64 ETW Corp. v. Jireh Publ'g, Inc., 332 F.3d 915, 937 (6th Cir. 2003). 65 Twentieth Century Fox Television v.
Author: Irene Calboli
Publisher: Cambridge University Press
Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
The “right of publicity” and trade secrets have also experienced expansion over the twentieth century. See also generally Jennifer E. Rothman, The Right of Publicity: Privacy Reimagined for a Public World (Cambridge, Mass.
Author: Jessica Silbey
Publisher: Stanford University Press
When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Author: Joseph William SingerPublish On: 2022-03-10
Jennifer E. Rothman, The Right of Publicity: Privacy Reimagined for a Public World 11 (2018) (discussing the roots of the right of publicity in common law privacy rights). 91 Donald A. Chisum et al., Understanding Intellectual Property ...
Author: Joseph William Singer
Publisher: Aspen Publishing
Property Treatise – Thoroughly Updated and Revised This overview of property law addresses both classic and contemporary topics covered in the first-year property course in a clear, accessible format. The book offers clear explanations of property law through textual treatment, with numerous examples, analytical discussion of key cases, and issues followed by hypotheticals. The book places emphasis on disagreements among states about the applicable rules of property law, with explanations of the conflicting issues With extraordinary clarity and insight, Joseph William Singer has written a comprehensive overview of the rules and doctrine of property law. The numerous examples and hypotheticals in Property, Sixth Edition contribute to a rich pedagogy that illuminates both classic and contemporary topics. For the Sixth Edition, Professor Singer has been joined by Professor Nestor M. Davidson, and the authors have thoroughly updated and revised the treatise to reflect recent developments. Among the Changes New to the Sixth Edition: Recent developments in the law of public accommodations and fair housing on protections against discrimination on the basis of sex, sexual orientation, and gender identity, as well as updates to federal regulatory guidance on fair housing law. Important recent Supreme Court cases on regulatory takings, including Murr v. Wisconsin, on determining the relevant parcel; Knick v. Township of Scott, on the ability to file in federal court without exhausting state-court litigation; and Cedar Point Nursery v. Hassid, on the standard for claims of physical invasion. The challenge of “heirs property” to the loss of Black farmland and the rapid proliferation of the Uniform Partition of Heirs Property Act. Cases testing the limits of lease obligations and the boundaries of regulatory takings with the public-health response to the Covid-19 pandemic. Professors and students will benefit from: Clear explanations of legal doctrine based on research to make sure the rules are up-to-date Attention to both federal and state statutes that regulate property use and transfer Generous use of hypotheticals that illustrate the application of rules and doctrine Analysis of “hard cases” with short summaries of the strongest arguments on both sides of the issue Attention to differences among the states and the reasons why states adopt different rules