The Right of Publicity

The Right of Publicity

Author: Jennifer Rothman

Publisher: Harvard University Press

Published: 2018-05-07

Total Pages: 170

ISBN-13: 0674986350

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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.


The Commercial Appropriation of Fame

The Commercial Appropriation of Fame

Author: David Tan

Publisher: Cambridge University Press

Published: 2017-04-20

Total Pages: 341

ISBN-13: 1107139325

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


Celebrity Rights

Celebrity Rights

Author: David S. Welkowitz

Publisher:

Published: 2010

Total Pages: 648

ISBN-13:

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This casebook deals with a burgeoning field of intellectual property law: the rights of individuals to control the use of their names, likenesses, and personas. This book allows for an in-depth course in Rights of Publicity, with far more extensive coverage than can be achieved within the confines of traditional courses, such as Trademarks or Copyright. In addition, unique among materials in this area, this book includes comparative materials from around the globe, enabling students and teachers to compare the similarities and differences in approaches to this issue among a variety of jurisdictions and courts (including such institutions as the European Court of Human Rights). The book covers a wide range of topics relevant to the subject, including common-law rights, rights under state and federal statutes, inheritability, domain name disputes, choice of law, preemption, remedies, and, of course, extensive coverage of free speech and free expression issues, both in the United States and abroad. The book is also structured to allow great flexibility in coverage--each chapter covers a manageable topic in the subject, and the comparative materials are in stand-alone sections within each chapter. The authors of this casebook have set forth a lengthy rationale for a course in Rights of Publicity in an article--Teaching Rights of Publicity, 52 St. Louis Univ. L.J. 905 (2008).


The Digital Dilemma

The Digital Dilemma

Author: National Research Council

Publisher: National Academies Press

Published: 2000-02-24

Total Pages: 365

ISBN-13: 0309064996

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Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.


Ideology and Modern Culture

Ideology and Modern Culture

Author: John B. Thompson

Publisher: John Wiley & Sons

Published: 2013-05-02

Total Pages: 504

ISBN-13: 0745668763

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In this major new work, Thompson develops an original account of ideology and relates it to the analysis of culture and mass communication in modern Societies. Thompson offers a concise and critical appraisal of major contributions to the theory of ideology, from Marx and Mannheim, to Horkheimer, Adorno and Habermas. He argues that these thinkers - and social and political theorists more generally - have failed to deal adequately with the nature of mass communication and its role in the modern world. In order to overcome this deficiency, Thompson undertakes a wide-ranging analysis of the development of mass communication, outlining a distinctive social theory of the mass media and their impact.


Parodies of Ownership

Parodies of Ownership

Author: Richard L. Schur

Publisher: University of Michigan Press

Published: 2009-06-04

Total Pages: 253

ISBN-13: 0472050605

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"Richard Schur offers a provocative view of contemporary African American cultural politics and the relationship between African American cultural production and intellectual property law." ---Mark Anthony Neal, Duke University "Whites used to own blacks. Now, they accomplish much the same thing by insisting that they 'own' ownership. Blacks shouldn't let them. A culture that makes all artists play by its rules will end up controlling new ideas and stifling change. Richard Schur's fine book explains why." ---Richard Delgado, Seattle University What is the relationship between hip-hop and African American culture in the post--Civil Rights era? Does hip-hop share a criticism of American culture or stand as an isolated and unique phenomenon? How have African American texts responded to the increasing role intellectual property law plays in regulating images, sounds, words, and logos? Parodies of Ownership examines how contemporary African American writers, artists, and musicians have developed an artistic form that Schur terms "hip-hop aesthetics." This book offers an in-depth examination of a wide range of contemporary African American painters and writers, including Anna Deavere Smith, Toni Morrison, Adrian Piper, Colson Whitehead, Michael Ray Charles, Alice Randall, and Fred Wilson. Their absence from conversations about African American culture has caused a misunderstanding about the nature of contemporary cultural issues and resulted in neglect of their innovative responses to the post--Civil Rights era. By considering their work as a cross-disciplinary and specifically African American cultural movement, Schur shows how a new paradigm for artistic creation has developed. Parodies of Ownership offers a broad analysis of post--Civil Rights era culture and provides the necessary context for understanding contemporary debates within American studies, African American studies, intellectual property law, African American literature, art history, and hip-hop studies. Weaving together law, literature, art, and music, Schur deftly clarifies the conceptual issues that unify contemporary African American culture, empowering this generation of artists, writers, and musicians to criticize how racism continues to affect our country. Richard L. Schur is Director, Interdisciplinary Studies Center, and Associate Professor of Interdisciplinary Studies at Drury University. Visit the author's website: http://www2.drury.edu/rschur/index.htm. Cover illustration: Atlas, by Fred Wilson. © Fred Wilson, courtesy Pace Wildenstein, New York.


Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2010

Total Pages: 126

ISBN-13: 9280520164

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This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.