Re: Rights in real characters

From: Sheldon W. Halpern <halpern.1[_at_]osu.edu>
Date: Mon, 28 Jul 1997 17:50:42 -0400 (EDT)

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?

You are talking aobut what we call The Right of Publicity; there are many resources describing the development of this right, recognized by statute or by common law in many U.S. jurisdictions. It is now "codified" in the Restatement (Third) of Unfair Competition, having largely been separated from its privacy antecedents.

Sheldon W. Halpern
<halpern.1[_at_]osu.edu> Received on Mon Jul 28 1997 - 21:51:56 GMT

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