Flip Side of Privacy: The Right of Publicity, the First Amendment, and Constitutional Line Drawing - A Presumptive Approach, The

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Jones, Russell S. Jr.
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2006
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Journal Article
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INTRODUCTION|Slightly more than fifty years ago, courts and commentators noted the fact that famous persons had begun regularly to leverage their fame in one area, for example sports or entertainment, into other lucrative area, such as promoting or even placing their likenesses on commercial products. Perhaps ironically deriving its theoretical underpinnings from the right of privacy, the "right of publicity" has become a well-recognized, albeit still somewhat controversial, part of American jurisprudence. Courts apply and interpret the right of publicity in cases involving the use of celebrities' names, likenesses, and, occasionally, other identifying characteristics on, in connection with, or to endorse or promote a myriad of products and services.|Some version of the right of publicity is now recognized in the majority of the states: by statute in ten states and by common law in at least eighteen others (of which eight also have statutes). The right of publicity is also recognized in the Restatement of Torts and Unfair Competition...
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39 Creighton L. Rev. 939 (2005-2006)
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Creighton University School of Law
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