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 looseleaf treatise examines the inherent rights of individuals to control the commercial use of their identities. Trademarks, copyrights, false advertising, defamation, infliction of mental distress, interference with contract, licenses, and other aspects of publicity and privacy are discussed in the work.

A unique resource for lawyers, business and talent managers, and celebrities themselves, this book examines the increasingly important method of valuing rights of publicity and celebrity brands in addition to providing guidance for striking stronger and more lucrative deals. It covers the legal context, the parallels between traditional brands and celebrity brands, and the structuring, pricing, and challenges of deals for all types of celebrities. This book will help those who work with right of publicity to understand today's law and deal making; engage in more and better deals with fewer problems; and learn how to earn greater income from rights of publicity.

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

We live in an image society. Since the turn of the 20th century if not earlier, Americans have been awash in a sea of images throughout the visual landscape. We have become highly image-conscious, attuned to first impressions and surface appearances, and deeply concerned with our own personal images – our looks, reputations, and the impressions we make on others. The advent of this image-consciousness has been a familiar subject of commentary by social and cultural historians, yet its legal implications have not been explored. This article argues that one significant legal consequence of the image society was the evolution of an area of law that I describe as the tort law of personal image. By the 1950s, a body of tort law – principally the privacy, publicity, and emotional distress torts, and a modernized defamation tort – had developed to protect a right to control one’s image and to be compensated for emotional and dignitary harms caused by interference with one’s public image. This law of image produced the phenomenon of the personal image lawsuit, in which individuals sued to vindicate or redress their images. The rise of personal image litigation over the course of the 20th century was driven by Americans’ increasing sense of protectiveness and possessiveness towards their public images and reputations. This article offers an overview of the development of the image torts and personal image litigation in the United States. It offers a novel, alternative account of the history of tort law by linking it to developments in American culture. It explains how the law became a stage for, and participant in, the modern preoccupation with personal image, and how legal models of personhood and identity in turn transformed understandings of the self. Through legal claims for libel, invasions of privacy, and other assaults to the image, the law was brought, both practically and imaginatively, into popular fantasies and struggles over personal identity and self-presentation.

Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Through a series of close readings of two major figures of the modern movement, Adolf Loos and Le Corbusier, Beatriz Colomina argues that architecture only becomes modern in its engagement with the mass media, and that in so doing it radically displaces the traditional sense of space and subjectivity. Privacy and Publicity boldly questions certain ideological assumptions underlying the received view of modern architecture and reconsiders the methodology of architectural criticism itself. Where conventional criticism portrays modern architecture as a high artistic practice in opposition to mass culture, Colomina sees the emerging systems of communication that have come to define twentieth-century culture—the mass media—as the true site within which modern architecture was produced. She considers architectural discourse as the intersection of a number of systems of representation such as drawings, models, photographs, books, films, and advertisements. This does not mean abandoning the architectural object, the building, but rather looking at it in a different way. The building is understood here in the same way as all the media that frame it, as a mechanism of representation in its own right. With modernity, the site of architectural production literally moved from the street into photographs, films, publications, and exhibitions—a displacement that presupposes a new sense of space, one defined by images rather than walls. This age of publicity corresponds to a transformation in the status of the private, Colomina argues; modernity is actually the publicity of the private. Modern architecture renegotiates the traditional relationship between public and private in a way that profoundly alters the experience of space. In a fascinating intellectual journey, Colomina tracks this shift through the modern incarnations of the archive, the city, fashion, war, sexuality, advertising, the window, and the museum, finally concentrating on the domestic interior that constructs the modern subject it appears merely to house.

9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index