Re: Rights in real characters

From: Dan L. Burk <BURKDANL[_at_]shu.edu>
Date: Mon, 28 Jul 1997 12:38:50 -0400

On 7/26/97, Meir Kogman <kogman[_at_]netvision.net.il> wrote:
>
> I am puzzled by the vast protection on the use of pictures and other
> forms of real characters like James Dean and Marilyn Monroe in the
> US. In Israel it seems that the only way to prohibit such use is by
> describing it as infringement of the right to privacy (and perhaps
> as unfair enrichment).
>
> How exactly, is the use of one's look, characters and picture
> protected in the US?

Generally via a right of publicity, which is a first cousin to both the right of privacy and unfair competition.

This is usually state rather than federal law, and so will vary from jurisdiction to jurisdiction within the U.S.

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

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Received on Mon Jul 28 1997 - 19:51:52 GMT