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The Right of Publicity

Privacy Reimagined for a Public World
  • Jennifer Rothman
Language: English
Published/Copyright: 2018
View more publications by Harvard University Press

About this book

From athletes to victims of revenge porn, people have been transformed into intellectual property. Who controls one’s identity? Jennifer Rothman uses the right of publicity—a little-known law—to answer this question. By tracing the right’s origins to privacy laws in the 1800s, she finds a way to reclaim privacy for a public world.

Reviews

A fascinating read for anyone who is interested in the nuts and bolts of right of publicity law and how the doctrine evolved to where it is today. It also will serve as a valu­able resource for litigators looking for guidance on how to reconcile the seemingly contradictory precedent in a way that is understandable…This book will quickly become one of the most cited sources by litigants and courts grappling with right of publicity issues.
-- Stephanie S. Abrutyn Communications Lawyer

An unquestionably important book. Masterfully researched and deftly crafted, it is probably the best single source for gaining a deep understanding of the doctrine’s history, context, and politics… Deserves a place among the must-reads of American right of publicity law.
-- Eric E. Johnson IP Law Book Review

A formidable book that maps out the contours of the publicity right in an appealing and timely way.
-- Eleanor Wilson Journal of Intellectual Property Law and Practice

Rothman’s important book is an excellent contribution to the field, one that will hopefully provoke courts and legislatures to rethink their headlong expansion of the right of publicity. It should be required reading for anyone dealing with the right of publicity.
-- Mark Lemley Michigan Law Review

Rothman provides a complete legal and cultural history of the right of publicity, tracing its development from the late 1800s to its modern-day expansion as a transferable right of property. Fascinating details of the individuals behind the cases, including celebrities and private citizens, inform how the law’s current contours have been shaped…Indispensable.
-- Rachel Bridgewater Library Journal

This is the definitive biography of the right of publicity, whose boundaries have exploded in recent years. Jennifer Rothman tells the story with zest, explaining how we should restructure this right in our fame-obsessed age.
-- Jack M. Balkin, Yale Law School

The book is a fascinating read for anyone interested in gaining a better understanding of the nuts and bolts of right of publicity law and how the doctrine evolved to where it is today. Rothman concisely connects the dots among seemingly irreconcilable court decisions while debunking myths about the early case-law.
-- Stephanie Abrutyn, Senior Vice President and Chief Counsel, Litigation at HBO

Rothman makes a crucial argument that goes to the heart of the current legal doctrine.
-- Jessica Litman, author of Digital Copyright

Jennifer Rothman has written an important, informative study of the right of publicity as it has developed in the United States and its connections to a robust privacy right. By reexamining the past, she has elaborated principles that will be useful in defining both publicity and privacy rights for the digital age.
-- Rebecca Tushnet, Harvard Law School


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PART I. The Big Bang

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PART II. The Inflationary Era

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PART III. Dark Matter

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Publishing information
Pages and Images/Illustrations in book
eBook published on:
May 7, 2018
eBook ISBN:
9780674986336
Pages and Images/Illustrations in book
Main content:
236
Other:
18 halftones
Downloaded on 25.9.2025 from https://www.degruyterbrill.com/document/doi/10.4159/9780674986336/html
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