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It is Time for a Precise, Narrowly Tailored Federal Right of Publicity.
- Source :
- Chapman Law Review; Spring2024, Vol. 27 Issue 2, p317-333, 17p
- Publication Year :
- 2024
-
Abstract
- The article discusses the need for a federal right of publicity in the United States to address inconsistencies and lack of uniformity in state laws. Currently, different states have different definitions and protections for the right of publicity, leading to inconsistent results and forum shopping. A federal law would provide clarity and consistency by defining what is protected and for how long. The article proposes that a federal right of publicity should protect a person's name, image, likeness, voice, and signature from unauthorized use in endorsing or promoting commercial endeavors. It argues against dividing the right into categories based on the level of fame achieved. The article suggests that a federal right of publicity should have an initial period of exclusivity, followed by a requirement for use to maintain the right. It also proposes exceptions for news, public affairs, sports broadcasts, and political campaigns, as well as general First Amendment and fair use defenses. The article concludes that a federal right of publicity would protect individuals' rights while promoting creativity and public discourse. [Extracted from the article]
- Subjects :
- RIGHT of publicity
TRADEMARK Act of 1946 (U.S.)
FAIR use (Copyright)
Subjects
Details
- Language :
- English
- ISSN :
- 23813237
- Volume :
- 27
- Issue :
- 2
- Database :
- Complementary Index
- Journal :
- Chapman Law Review
- Publication Type :
- Academic Journal
- Accession number :
- 177782605