The Federalism Case Against a Federal Right to Publicity

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The goal of this paper is to (i) discuss the tensions between the right to publicity, Intellectual Property law and the First Amendment, while also providing a brief background on the development and evolution of the right to publicity. I will also (ii) advocate an argument that a federal statutory right to publicity is not warranted given the significant disparities between state laws and the novelty of such a property right. Both reasons for and against adoption of a federal right to publicity will be debated and .discussed, and an examination of the common justifications for the right shall be undertaken.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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