News & Commentary

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...
May 4, 2018 2:30 pm PT
de havilland right of publicity petition to california supreme court
Olivia de Havilland's lawyers have filed a petition seeking review in the California Supreme Court of a California Court of Appeal's recent decision holding that the First Amendment bars her false light and right of publicity claims arising out of the use of a character based on her in FX's...
April 20, 2018 11:00 am PT
texas revenge porn right of publicity first amendment unconstitutional
This week a Texas Court of Appeals in Ex Parte Jones struck down the state’s law making it a criminal offense to “disclose intimate visual material” without the permission of the person depicted when that person expected the image to remain “private.”  Texas Penal Code § 21.16 (b) The...
April 6, 2018 9:00 pm PT
lohan take two interactive gravano right of publicity new york grand theft auto lawsuit court of appeals
The actor Lindsay Lohan continued her losing streak with another right of publicity lawsuit being tossed out. Last week the New York Court of Appeals in Lohan v. Take-Two Interactive Software, put to bed her claim against the makers of the video game Grand Theft Auto V (GTAV). Lohan had...
March 26, 2018 2:00 pm PT
right of publicity de havilland fx feud false light catherine zeta jones california appeals opinion
In a resounding victory for FX, the California Court of Appeal today reversed the trial court’s decision in de Havilland v. FX Networks on all counts.  The panel held that the anti-SLAPP motion to strike de Havilland's claims should have been granted both as to the right of publicity and false...
March 8, 2018 4:15 pm PT
louisiana toussaint bill right of publicity legislation pending
On February 28, 2018, Louisiana reintroduced a draft right of publicity bill titled the Allen Toussaint Legacy Act. I have written about efforts to pass such a bill in Lousiana previously.  Those efforts thus far have failed. The new bill is currently with the Committee on Civil Law and...

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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