The Right to Privacy


Book Description

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis




The Right of Publicity


Book Description

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.







Celebrity Rights


Book Description

This casebook deals with a burgeoning field of intellectual property law: the rights of individuals to control the use of their names, likenesses, and personas. This book allows for an in-depth course in Rights of Publicity, with far more extensive coverage than can be achieved within the confines of traditional courses, such as Trademarks or Copyright. In addition, unique among materials in this area, this book includes comparative materials from around the globe, enabling students and teachers to compare the similarities and differences in approaches to this issue among a variety of jurisdictions and courts (including such institutions as the European Court of Human Rights). The book covers a wide range of topics relevant to the subject, including common-law rights, rights under state and federal statutes, inheritability, domain name disputes, choice of law, preemption, remedies, and, of course, extensive coverage of free speech and free expression issues, both in the United States and abroad. The book is also structured to allow great flexibility in coverage--each chapter covers a manageable topic in the subject, and the comparative materials are in stand-alone sections within each chapter. The authors of this casebook have set forth a lengthy rationale for a course in Rights of Publicity in an article--Teaching Rights of Publicity, 52 St. Louis Univ. L.J. 905 (2008).




Celebrity


Book Description

It is a truism to suggest that celebrity pervades all areas of life today. The growth and expansion of celebrity culture in recent years has been accompanied by an explosion of studies of the social function of celebrity and investigations into the fascination of specific celebrities. And yet fundamental questions about what the system of celebrity means for our society have yet to be resolved: Is celebrity a democratization of fame or a powerful hierarchy built on exclusion? Is celebrity created through public demand or is it manufactured? Is the growth of celebrity a harmful dumbing down of culture or an expansion of the public sphere? Why has celebrity come to have such prominence in today’s expanding media? Milly Williamson unpacks these questions for students and researchers alike, re-examining some of the accepted explanations for celebrity culture. The book questions assumptions about the inevitability of the growth of celebrity culture, instead explaining how environments were created in which celebrity output flourished. It provides a compelling new history of the development of celebrity (both long-term and recent) which highlights the relationship between the economic function of celebrity in various media and entertainment industries and its changing social meanings and patterns of consumption.




Celebrity Influence


Book Description

Why should we listen to celebrities like Bono or Angelina Jolie when they endorse a politician or take a position on an issue? Do we listen to them? Despite their lack of public policy experience, celebrities are certainly everywhere in the media, appealing on behalf of the oppressed, advocating policy change—even, in one spectacular case, leading the birther movement all the way to the White House. In this book Mark Harvey takes a close look into the phenomenon of celebrity advocacy in an attempt to determine the nature of celebrity influence, and the source and extent of its power. Focusing on two specific kinds of power—the ability to "spotlight" issues in the media and to persuade audiences—Harvey searches out the sources of celebrity influence and compares them directly to the sources of politicians' influence. In a number of case studies—such as Jolie and Ben Affleck drawing media attention to the civil war in the Democratic Republic of Congo; Bob Marley uniting warring factions in Jamaica; John Lennon networking with the new left to oppose Richard Nixon's re-election; Elvis Presley working with Nixon to counter anti-war activism—he details the role of celebrities working with advocacy groups and lobbying politicians to affect public opinion and influence policy. A series of psychological experiments demonstrate that celebrities can persuade people to accept their policy positions, even on national security issues. Harvey's analysis of news sources reveals that when celebrities speak about issues of public importance, they get disproportionately more coverage than politicians. Further, his reading of surveys tells us that people find politicians no more or less credible than celebrities—except politicians from the opposing party, who are judged less credible. At a time when the distinctions between politicians and celebrities are increasingly blurred, the insights into celebrity influence presented in this volume are as relevant as they are compelling.




Celebrity Politics


Book Description

In this new book, Mark Wheeler offers the first in-depth analysis of the history, nature and global reach of celebrity politics today. Celebrity politicians and politicized celebrities have had a profound impact upon the practice of politics and the way in which it is now communicated. New forms of political participation have emerged as a result and the political classes have increasingly absorbed the values of celebrity into their own PR strategies. Celebrity activists, endorsers, humanitarians and diplomats also play a part in reconfiguring politics for a more fragmented and image-conscious public arena. In academic circles, celebrity may be viewed as a ‘manufactured product’; one fabricated by media exposure so that celebrity activists are no more than ‘bards of the powerful.’ Mark Wheeler, however, provides a more nuanced critique contending that both celebrity politicians and politicized stars should be defined by their ‘affective capacity’ to operate within the public sphere. This timely book will be a valuable resource for students of media and communication studies and political science as well as general readers keen to understand the nature and reach of contemporary celebrity culture.




Outrageous Invasions


Book Description

In Outrageous Invasions: Celebrities' Private Lives, Media, and the Law, Professor Robin D. Barnes examines the role and nature of privacy in Western democracies. Celebrities are routinely subjected to stalking, harassment, invasion of privacy, and defamation. These occurrences are often violations of their constitutional rights. Professor Barnes addresses growing concerns about the widespread immunity from liability enjoyed by United States tabloid publishers. Outrageous Invasions chronicles these experiences and the legal battles waged by celebrities in both the United States and European Union against a press corps that continuously invades their private lives. Professor Barnes analyzes doctrinal developments in cases from the United States Supreme Court and the High Courts of Europe. These cases demonstrate that American celebrities are entitled to, but not receiving, the same protections as their European counterparts. In Outrageous Invasions, Professor Barnes explains the value of the rights of the individual to democratic nations. She notes the importance of insuring appropriate protection for freedom of expression and associational freedom through meaningful regulation in the instances when speech rights collide with equally important values such as privacy and equality.




The Creative Artist's Legal Guide


Book Description

Demystifying the fundamental principles of intellectual property, this practical resource, essential for anyone trying to navigate today's rapidly changing media environment, provides creative artists with the legal concepts needed to deal safely with lawyers, agents, executives and others. Original.




The Laws of Image


Book Description

We live in an image society. Since the turn of the 20th century if not earlier, Americans have been awash in a sea of images throughout the visual landscape. We have become highly image-conscious, attuned to first impressions and surface appearances, and deeply concerned with our own personal images – our looks, reputations, and the impressions we make on others. The advent of this image-consciousness has been a familiar subject of commentary by social and cultural historians, yet its legal implications have not been explored. This article argues that one significant legal consequence of the image society was the evolution of an area of law that I describe as the tort law of personal image. By the 1950s, a body of tort law – principally the privacy, publicity, and emotional distress torts, and a modernized defamation tort – had developed to protect a right to control one’s image and to be compensated for emotional and dignitary harms caused by interference with one’s public image. This law of image produced the phenomenon of the personal image lawsuit, in which individuals sued to vindicate or redress their images. The rise of personal image litigation over the course of the 20th century was driven by Americans’ increasing sense of protectiveness and possessiveness towards their public images and reputations. This article offers an overview of the development of the image torts and personal image litigation in the United States. It offers a novel, alternative account of the history of tort law by linking it to developments in American culture. It explains how the law became a stage for, and participant in, the modern preoccupation with personal image, and how legal models of personhood and identity in turn transformed understandings of the self. Through legal claims for libel, invasions of privacy, and other assaults to the image, the law was brought, both practically and imaginatively, into popular fantasies and struggles over personal identity and self-presentation.