Publicity Rights and Image
Publicity is the practice of using an individual's name, image, and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. The book includes a detailed exploration of the justifications advanced in favor of publicity rights and those that are advanced against. It examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually incoherent. By clearly defining the practice of publicity and examining justifications, the book is able to bring the nature and shape of the right of publicity into much sharper focus. Publicity Rights and Image includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defenses can be offered. The book concludes by arguing for a publicity right which provides a degree of protection for the individual, but which is significantly curtailed to recognize valid competing interests, such as the public interest. This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy, and intellectual property.
Publication Date: 1/28/2011