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The Right of Publicity: Privacy Reimagined for a Public World
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Review
“A fascinating read for anyone who is interested in the nuts and bolts of right of publicity law and how the doctrine evolved to where it is today. It also will serve as a valuÂable resource for litigators looking for guidance on how to reconcile the seemingly contradictory precedent in a way that is understandable…This book will quickly become one of the most cited sources by litigants and courts grappling with right of publicity issues.â€â€•Stephanie S. Abrutyn, Communications Lawyer“An unquestionably important book. Masterfully researched and deftly crafted, it is probably the best single source for gaining a deep understanding of the doctrine’s history, context, and politics… Deserves a place among the must-reads of American right of publicity law.â€â€•Eric E. Johnson, IP Law Book Review“A formidable book that maps out the contours of the publicity right in an appealing and timely way.â€â€•Eleanor Wilson, Journal of Intellectual Property Law and Practice“Rothman’s important book is an excellent contribution to the field, one that will hopefully provoke courts and legislatures to rethink their headlong expansion of the right of publicity. It should be required reading for anyone dealing with the right of publicity.â€â€•Mark Lemley, Michigan Law Review“Rothman provides a complete legal and cultural history of the right of publicity, tracing its development from the late 1800s to its modern-day expansion as a transferable right of property. Fascinating details of the individuals behind the cases, including celebrities and private citizens, inform how the law’s current contours have been shaped…Indispensable.â€â€•Rachel Bridgewater, Library Journal“This is the definitive biography of the right of publicity, whose boundaries have exploded in recent years. Jennifer Rothman tells the story with zest, explaining how we should restructure this right in our fame-obsessed age.â€â€•Jack M. Balkin, Yale Law School“The book is a fascinating read for anyone interested in gaining a better understanding of the nuts and bolts of right of publicity law and how the doctrine evolved to where it is today. Rothman concisely connects the dots among seemingly irreconcilable court decisions while debunking myths about the early case-law.â€â€•Stephanie Abrutyn, Senior Vice President and Chief Counsel, Litigation at HBO“Rothman makes a crucial argument that goes to the heart of the current legal doctrine.â€â€•Jessica Litman, author of Digital Copyright“Jennifer Rothman has written an important, informative study of the right of publicity as it has developed in the United States and its connections to a robust privacy right. By reexamining the past, she has elaborated principles that will be useful in defining both publicity and privacy rights for the digital age.â€â€•Rebecca Tushnet, Harvard Law School
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About the Author
Jennifer E. Rothman is Professor of Law and the Joseph Scott Fellow at Loyola Law School, Los Angeles.
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Product details
Hardcover: 256 pages
Publisher: Harvard University Press (May 7, 2018)
Language: English
ISBN-10: 0674980980
ISBN-13: 978-0674980983
Product Dimensions:
6.8 x 1 x 9.8 inches
Shipping Weight: 1.1 pounds (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
6 customer reviews
Amazon Best Sellers Rank:
#248,498 in Books (See Top 100 in Books)
Should you be able to stop a diapers company from using your kid’s photo that you posted on Facebook to advertise its brand of diapers? Should Martin Luther King Jr’s estate be able to stop you from watching his “I Have a Dream†speech every year on MLK day? Who - if anyone - should get to control photos of Prince now that he’s dead?This timely and seminal book about the “right of publicity†touches on these topics, and so much more.This extremely engaging and well-written book challenges existing assumptions about the right of publicity and how it came to be. It is persuasive in its arguments and extensively researched, combining an examination of the history of privacy and publicity rights in the last century with in depth analysis and a close look at various seminal cases and law suits brought by (or against) an interesting array of people ranging from ordinary Americans to famous people such as MLK Jr, Prince, Elvis Presley, Bette Paige, and OJ Simpson — just to name a few.I highly recommend this book! It’s a must-read for lawyers and legal scholars, but totally accessible to a general audience interested in current legal issues that effect us all.
Professor Rothman presents an enlightening, entertaining, and critical history of the evolution of the right of the publicity, from its modest origins early in the twentieth century through its "inflationary era" mid-century and continuing to the present day. She shows how courts and legal scholars have often misread the foundational cases establishing the right, and how the expansive "propertization" of names, images, and other indicia of identity not only can impinge on free speech and copyright principles, but also harm the very individuals the right is intended to protect. An impressive work, and an enjoyable read.
Professor Rothman is not only the leading scholar of a headline-making right that shapes the contours of everything we read, write, and watch, but a phenomenal storyteller herself. This extraordinary book serves up insightful and provocative legal analysis as an engaging work of cultural history.Using the right of publicity as her text, Rothman weaves together important but overlooked social, technological, cultural, and commercial moments that still echo in the laws that confound us. The result is a must-read for culture hounds, social historians, legal and media scholars, entertainment-industry types, and thoughtful consumers of pop culture.As a work of cultural and legal history alone, the book is indispensible. Rothman draws on years of primary-source research into era-defining cases to tease out the social norms about privacy, the commercialization of fame, and the economics of storytelling that made our early laws. She reminds us how different the culture industries were as the 19th century bled into the 20th, and yet how familiar were the concerns, as Kodak cameras—the unheralded predecessor to smartphones and selfie culture—put image-capture tech in the hands of creeps and self-styled detectives, and as the rise of mass communications gave unprecedented range to those images in advertising, news, and film. She traces the rise of Hollywood, and the way these rights became weaponized by lawyers, misunderstood by law students, and calcified by judges into a huge mess that has erupted again in the 21st century.But the book is fundamentally forward-looking. There are too many reveals to tease, including enslaving OJ Simpson and dancing dead celebrities, and legal disputes involving Elvis, Prince, Michael Jackson, Olivia DeHavilland, Lindsay Lohan, and a range of other persons famous and unknown. As this book demonstrates, there’s no more important time to ask whether we’ve managed to give ourselves an ill-considered right to sell ourselves—and give others the right to sell ourselves and censor others—and ask whether the mess we’re left with is up to the task of handling revenge porn, deepfakes, sex tapes, reality stars, and contemporary celebrity culture. And Rothman comprehensively catalogues the ways in which it isn’t, and explains why, going behind the scenes to the judges, law clerks, and law students whose time-bound, error-ridden decisions call out for a better approach to an increasingly unmoored hodge-podge of anachronism and error that continues to silently censor our speech and our storytellers, and conceal promising solutions to some of the most vexing contemporary offenses against our intimacies.Could not recommend more highly.
An extremely informative, and highly entertaining read. I'm in the entertainment industry (but not a lawyer) and bought this at the author's book launch. To be honest, I didn't expect a book about law to be so engaging. Professor Rothman does an excellent job of guiding the reader through the history of the right of publicity and how the right of privacy plays a vital role in understanding how it's applied today. She also raises interesting questions including how we should think about applying it in the future, and what all this means in current content-saturated world of social media. Definitely worth getting, especially if you're curious how a human cannonball and baseball cards come into play.
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