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ERIC Number: EJ1225385
Record Type: Journal
Publication Date: 2019-Jun
Pages: 43
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0896-5811
EISSN: N/A
The Right of Publicity: Worth a Closer Look in the Classroom
Murphy, Tonia Hap
Journal of Legal Studies Education, v36 n2 p237-279 Sum 2019
Business law and legal environment textbooks typically devote a page or two to the tort of invasion of privacy, describing the four versions of this tort, including "appropriation of identity." The Clarkson textbook notes that "An individual's right to privacy normally includes the right to the exclusive use of her or his identity" and further that many states have "statutes that establish the distinct tort of appropriation, or right of publicity." The author, Tonia Hap Murphy, asserts here that the right of publicity merits deeper coverage, and is a separate legal right. Companies stumble into costly publicity lawsuits prompted by publications that students (and companies) may regard as uncontroversial. Professors of law can alert students to those types of publications that invite litigation. In addition to this practical benefit, coverage of publicity rights serves as a springboard for exploring broader issues, including freedom of speech and strategic decision making in litigation. Part II of this article presents a primer on the right of publicity. After reviewing the historical development of this right, that part describes current laws in various states and recounts notable cases of the past few years that together give a good sense of issues encountered in publicity litigation. Part III follows with an examination of recent efforts by scholars and legislators to change publicity law, the current state of which many have criticized. Drawing on this background, Part IV suggests particular topics for discussion and assignments that can be implemented easily in an introductory business law or legal environment course. Professors might choose among them to complement existing coverage of tort law, thereby enhancing students' understanding of publicity law and policy and the impact of such law on business decision-making.
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: New York; California; Indiana
Identifiers - Laws, Policies, & Programs: First Amendment
Grant or Contract Numbers: N/A