ERIC Number: ED271757
Record Type: Non-Journal
Publication Date: 1986-Aug
Pages: 59
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Free Speech vs. Free Enterprise: The Public Policy Clash between the First Amendment and the Right of Publicity.
LeBlanc-Wicks, Jan
Intended to help clarify issues surrounding the right of publicity (protection against the unauthorized commercial appropriation of a person's name, likeness, achievements or characteristics), this paper provides explanations of how the right developed, what it protects, how it has been applied in various jurisdictions around the country, and the issues raised by these decisions. The report also proposes guidelines to provide solutions for conflicting public policy issues. Following a brief introduction, posing some of the questions generated by the right of publicity, the report is divided into the following sections: (1) development of the right of publicity (historical development, public policy rationale, publicity's development from privacy, and public policy rationale for the right of publicity); (2) scope of the right of publicity (personal characteristics protected by the right, individuals protected by the right, duration of the right, and jurisdictional considerations); (3) the right of publicity's application in the media (news and newsworthy figures, literary works, movies and films, and live performances); (4) public policy conflict (First Amendment considerations, public interest, and conflict with copyright law); and (5) proposed right of publicity guidelines (public policy goals of proposed guidelines, descendibility guidelines, fair use guidelines, and protection guideline). The report concludes with a brief discussion of the impact of proposed right of publicity guidelines. The paper's 149 footnotes are appended. (HOD)
Descriptors: Civil Liberties, Court Litigation, Freedom of Speech, Guidelines, Journalism, Mass Media, Policy Formation, Privacy, Public Policy, Publicity
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Copyright Law 1976; First Amendment
Grant or Contract Numbers: N/A