ERIC_NO:
ED271757
TITLE:
Free Speech vs. Free Enterprise: The Public Policy Clash between the First Amendment and the Right of Publicity.
AUTHOR:
LeBlanc-Wicks, Jan
PUBLICATION_DATE:
1986
ABSTRACT:
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)
MAJOR_DESCRIPTORS:
Civil Liberties; Court Litigation; Freedom of Speech; Public Policy; Publicity;
MINOR DESCRIPTORS:
Guidelines; Journalism; Mass Media; Policy Formation; Privacy;
IDENTIFIERS:
Copyright Law 1976; Fair Use; *First Amendment; *Right of Publicity
PUBLICATION_TYPE:
070; 150