Right of Publicity WorkshopYale Law SchoolInformation Society ProjectAbrams Institute for Freedom of Expression Chatham House rules apparently allow me to disclose my own participation, but not that of others, so I’ll just take some notes on whatever catches my ear. Introductory Background Briefs 1. Current state(s) of right of publicity law: background: nonconsensual use of someone’s identity, sometimes limited to commercial purpose (not commercial speech)1) The origins of the right of publicity: we have some mythologies about its development; reality takes us in a different direction. Right to privacy origins: we now think of privacy and publicity as almost opposites—one focused on dignitary harms/secrecy, other on property. But they originate together—the first right to privacy cases in NY etc. were what we’d now consider prototypical right of publicity cases: Pavesich, etc.…
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