The Right of Publicity
Who controls how one's identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity - a little-known law, often wielded by celebrities - to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right to publicity's emergence, development, and justification, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right's subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works.
Beginning in the 1950s, the right of publicity transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes' images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Thursday, April 26, 2018 at 6:30pm to 9:00pm
Loyola Law School, Robinson Courtroom