Re: OJ Simpson

From: Dan L. Burk <BURKDANL[_at_]LANMAIL.SHU.EDU>
Date: Fri, 14 Feb 1997 12:57:45 -0500

On Tue, 11 Feb 1997, Leo Smith <barter[_at_]ntplx.net> wrote:
>
> To satisfy all or part of the recent civil judgement against Simpson,
> could the court all of Simpson's Rights to Publicity, including the
> rights to his image and likeness, to the plaintiffs, where the
> plaintiffs would become licensors for Simpson's image and likeness?

The short answer is "I don't know." The longer answer is that, since the right of publicity is a personal right that sounds in tort, the concept of it being alienable in this fashion is rather disturbing.

By analogy, ask yourself if the court can attach and transfer, say, O.J.'s rights against personal injury or libel. ("I just got a license from the Goldmans to run the Juice down in any crosswalk in Los Angeles!" The mind boggles.)

I have no problem with the concept of attaching O.J.'s *earnings* from public appearances, autographs, etc. But that is a different question.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]lanmail.shu.edu

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Received on Fri Feb 14 1997 - 21:00:29 GMT