Title: Share His Dream: A Fair Use Standard for Historico-Political Figures' Rights of Publicity
Abstract: This Note will explore the policy motivations and implications behind adopting and recognizing a modified fair use exception for unauthorized uses of historico-political figures’ rights of publicity. Part I provides background information on the right of publicity, including its history, and the classes of individuals generally protected under the right. Part II argues that the stated justifications for the right of publicity break down when considering the right of historico-political figures such as Dr. Martin Luther King Jr. Part III emphasizes that the right of publicity’s grant of exclusive rights conflicts with First Amendment principles and restricts the breadth of the public domain. Part IV discusses previous attempts to balance the right of publicity with First Amendment interests, and concludes that each is insufficient to properly accomplish those ends for historico-political figures. Part V highlights stark similarities between the right of publicity and both trademark and copyright law. Given these similarities, this section proceeds to argue that a fair use standard can be derived from analogous provisions in both bodies of law, and used by defendants in cases involving unauthorized uses of historico-political figures’ rights of publicity. Lastly, Part VI concludes by formulating a historico-political figure fair use standard for right of publicity cases aimed at ensuring the highest public benefit while balancing against private losses.
Publication Year: 2012
Publication Date: 2012-09-28
Language: en
Type: article
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Cited By Count: 1
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