Re: Rights in real characters

On 7/28/97, Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> 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.

Also, a federal law--section 43(a) of the Lanham Act--has been found by some federal courts to incorporate the right of publicity. Of course, 43(a) incorporates a great many things, primarily providing a vehicle for a private cause of action against a competitor for false and misleading advertising. Many traditionally state-law causes are also incorporated.

John R. Allison
Graduate School of Business
University of Texas at Austin
allisonj[_at_]mail.utexas.edu, Received on Tue Jul 29 1997 - 13:12:00 GMT