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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