News & Commentary

September 6, 2018 10:30 am PT
right of publicity electronic arts madden nfl davis class certification
Yesterday, the district court in Davis v. Electronic Arts confirmed its holding that there could not be class certification in the right of publicity case arising from the alleged use of NFL players' identities in the popular sports-themed video game series NFL Madden.  The court...
August 21, 2018 10:45 am PT
Davis electronic arts right of publicity privacy california video game
The summer did not end well for Electronic Arts (EA), as a district court rejected its summary judgment motion in Davis v. Electronic Arts, allowing the right of publicity claims under California's common law to proceed. The claims arise out of the alleged use of real NFL players'...
June 12, 2018 11:15 am PT
right of publicity trademark unfair competition claim t-shirt dj khaled asahd son new york
Last week Khaled M. Khaled, known popularly as DJ Khaled, and the company ATK Entertainment filed a lawsuit objecting to the alleged uses of his son’s name by a clothing company. The complaint (as resubmitted yesterday) alleges violations of trademark law, right of publicity and privacy laws (under...
June 11, 2018 10:00 am PT
new york state right of publicity right of privacy bill 2018 june
Dozens of letters opposing the recently reintroduced and amended version of a right of publicity bill in New York have already been submitted to members of the New York legislature.  Letters so far include ones by: The Media Coalition, New York State Broadcasters Association, Association of...
June 6, 2018 12:45 pm PT
new york state right of publicity amended reintroduced june 2018
Once again as the New York legislature nears the end of its term for the year, the Assembly is trying to push through an ill-thought-out right of publicity bill without allowing for hearings and public debate on the bill. An amended version of the bill was introduced yesterday. The amended version...
May 15, 2018 10:15 am PT
California supreme court seal right of publicity olivia de havilland right of publicity lawsuit volokh conspiracy post on first amendment and depcitions of real people
In this final guest post, "Real People, Real History, Real Problems," on The Volokh Conspiracy about issues raised in my book, I consider the danger that the right of publicity will block or substantially limit depictions of real people. The expansion of the right of publicity's scope over the last...
May 10, 2018 1:30 pm PT
right of publicity postmortem right of publiclity delebs dead people forbes top earning dead celebrities
My post today on The Volokh Conspiracy considers "The Market in Dead People," and the "ghoulish futures market in aging celebrities."  Read it in full here: https://reason.com/volokh/2018/05/10/the-market-in-dead-people This is the fourth of five installments of issues raised by my book, The...
May 9, 2018 12:00 pm PT
right of publicity blog post volokh conspiracy right of privacy right to privacy robin wright reanimated actors
In "Only Robin Wright Should Own Robin Wright," I consider the dangers of the digital reanimation of actors and the creation of a transferable right to one's own name, likeness, and voice. This is the third post on The Volokh Conspiracy considering various issues raised by my just...
May 8, 2018 10:00 am PT
volokh conspiracy post two right of privacy right of publicity book roberson
In my second post on The Volokh Conspiracy on topics related to my book, The Right of Publicity: Privacy Reimagined for a Public World (Harvard Univ. Press 2018), I consider whether privacy can survive the digital age. Much of the story that my book uncovers provides insights into how best to...
May 7, 2018 12:15 pm PT
right of publicity jennifer rothman harvard university press 2018 right of privacy publicity
My book, The Right of Publicity: Privacy Reimagined for a Public World, was officially released today by Harvard University Press. Jack Balkin of Yale Law School has described the book as the "definitive biography of the right of publicity" and as a story told with "zest, explaining how we...

Pages

The Book

Privacy Reimagined For A Public World

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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