A Mask that Eats into the Face: Images and the Right of Publicity

Rebecca Tushnet
In their eagerness to reward celebrities for the power of their “images,” and to prevent other people from exploiting those images, courts have allowed the right of publicity to distort the First Amendment. The power of the visual image has allowed courts to create an inconsistent, overly expansive regime that would be easily understood as constitutionally unacceptable were the same rules applied to written words as are applied to drawings and video games. The intersection...
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