Celebrity Rights: Rights of Publicity and Related Rights in the United States and Abroad
This casebook deals with a burgeoning field of intellectual property law: the rights of individuals to control the use of their names, likenesses, and personas. This book allows for an in-depth course in Rights of Publicity, with far more extensive coverage than can be achieved within the confines of traditional courses, such as Trademarks or Copyright. In addition, unique among materials in this area, this book includes comparative materials from around the globe, enabling students and teachers to compare the similarities and differences in approaches to this issue among a variety of jurisdictions and courts (including such institutions as the European Court of Human Rights). The book covers a wide range of topics relevant to the subject, including common-law rights, rights under state and federal statutes, inheritability, domain name disputes, choice of law, preemption, remedies, and, of course, extensive coverage of free speech and free expression issues, both in the United States and abroad. The book is also structured to allow great flexibility in coverage -- each chapter covers a manageable topic in the subject, and the comparative materials are in stand-alone sections within each chapter. The authors of this casebook have set forth a lengthy rationale for a course in Rights of Publicity in an article -- Teaching Rights of Publicity, 52 St. Louis Univ. L.J. 905 (2008).
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The Origins of Rights of Publicity
Issues of Identiﬁcation
The Scope of Celebrity Rights
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9th Cir advertisement afﬁrmed alleged Amendment apply appropriation artistic beneﬁt broadcast California Cardtoons cause of action celebrity celebrity’s choice of law Circuit common law consent constitutional Count Dracula Court of Appeal damages decision defendant defendant’s district court domain name Eastwood Elvis Presley entitled fact false endorsement federal ﬁctional ﬁlm ﬁnancial ﬁnd ﬁnding ﬁrst ﬁxed freedom of expression Glenn Miller Glenn Miller Orchestra granted identiﬁed identity infringement injunction intellectual property interest issue Judge justiﬁcation Lanham Act license Lugosi magazine major league baseball mark Marlene Dietrich parody performance photograph picture plaintiff players post-mortem right proﬁt property right protection provides public ﬁgure publicity claim publicity rights published purposes question recognized registered respondent right of privacy right of publicity rule signiﬁcant speciﬁc speech statute statutory sufﬁcient summary judgment Supp Supreme Court television Tiger Woods tion tort trade trademark unauthorized Vanna White violation