How courts are determining the parameters of an enforceable right of publicity is a highly active area of entertainment law. There should be a uniform set of defenses to a right of publicity claim.
Checklist and Commentary on Defenses for Right of Publicity Claims
How courts are determining the parameters of an enforceable right of publicity is a highly active area of entertainment law. There should be a uniform set of defenses to a right of publicity claim. But under existing case law, the right of publicity is schizophrenic; some courts let the cause of action overflow its intended banks, swamping all that lies before it, including the First Amendment, while other courts neuter the action into non-existence.
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Schuyler M. MooreThis premium content is locked for LawJournalNewsletters subscribers only
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