Title: Multiple Identities: Why the Right of Publicity Should Be a Federal Law
Abstract: Given the increased use of the Internet and social media in this fast-moving age of information and technology, the right of publicity is becoming more problematic at the state level. Thus, this article attempts to persuade lawmakers and the public that the right of publicity must be modifed to keep up with the fast-progressing times. What follows is a detailed analysis of the right ofpublicity and an argument for why the right should be a federal right. Drawing heavily on intellectual property scholarship and case law, this article examines the issues and benefits surrounding the right of publicity, and uses these to advocate for a federal right. Various case examples are provided to assist in exploiting the problems with the right ofpublicity remaining a statebased right. Additionally, the article provides a detailed look at how the right of publicity, as a state-based right, is conflicting with federal laws. Finally, the article concludes with suggestions on how to craft a solid federal right ofpublicity statute.