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Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
This casebook deals with a burgeoning field of intellectual property law: the rights of individuals to control the use of their names, likenesses, and personas. This book allows for an in-depth course in Rights of Publicity, with far more extensive coverage than can be achieved within the confines of traditional courses, such as Trademarks or Copyright. In addition, unique among materials in this area, this book includes comparative materials from around the globe, enabling students and teachers to compare the similarities and differences in approaches to this issue among a variety of jurisdictions and courts (including such institutions as the European Court of Human Rights). The book covers a wide range of topics relevant to the subject, including common-law rights, rights under state and federal statutes, inheritability, domain name disputes, choice of law, preemption, remedies, and, of course, extensive coverage of free speech and free expression issues, both in the United States and abroad. The book is also structured to allow great flexibility in coverage--each chapter covers a manageable topic in the subject, and the comparative materials are in stand-alone sections within each chapter. The authors of this casebook have set forth a lengthy rationale for a course in Rights of Publicity in an article--Teaching Rights of Publicity, 52 St. Louis Univ. L.J. 905 (2008).
It is a truism to suggest that celebrity pervades all areas of life today. The growth and expansion of celebrity culture in recent years has been accompanied by an explosion of studies of the social function of celebrity and investigations into the fascination of specific celebrities. And yet fundamental questions about what the system of celebrity means for our society have yet to be resolved: Is celebrity a democratization of fame or a powerful hierarchy built on exclusion? Is celebrity created through public demand or is it manufactured? Is the growth of celebrity a harmful dumbing down of culture or an expansion of the public sphere? Why has celebrity come to have such prominence in today’s expanding media? Milly Williamson unpacks these questions for students and researchers alike, re-examining some of the accepted explanations for celebrity culture. The book questions assumptions about the inevitability of the growth of celebrity culture, instead explaining how environments were created in which celebrity output flourished. It provides a compelling new history of the development of celebrity (both long-term and recent) which highlights the relationship between the economic function of celebrity in various media and entertainment industries and its changing social meanings and patterns of consumption.
Why should we listen to celebrities like Bono or Angelina Jolie when they endorse a politician or take a position on an issue? Do we listen to them? Despite their lack of public policy experience, celebrities are certainly everywhere in the media, appealing on behalf of the oppressed, advocating policy change—even, in one spectacular case, leading the birther movement all the way to the White House. In this book Mark Harvey takes a close look into the phenomenon of celebrity advocacy in an attempt to determine the nature of celebrity influence, and the source and extent of its power. Focusing on two specific kinds of power—the ability to "spotlight" issues in the media and to persuade audiences—Harvey searches out the sources of celebrity influence and compares them directly to the sources of politicians' influence. In a number of case studies—such as Jolie and Ben Affleck drawing media attention to the civil war in the Democratic Republic of Congo; Bob Marley uniting warring factions in Jamaica; John Lennon networking with the new left to oppose Richard Nixon's re-election; Elvis Presley working with Nixon to counter anti-war activism—he details the role of celebrities working with advocacy groups and lobbying politicians to affect public opinion and influence policy. A series of psychological experiments demonstrate that celebrities can persuade people to accept their policy positions, even on national security issues. Harvey's analysis of news sources reveals that when celebrities speak about issues of public importance, they get disproportionately more coverage than politicians. Further, his reading of surveys tells us that people find politicians no more or less credible than celebrities—except politicians from the opposing party, who are judged less credible. At a time when the distinctions between politicians and celebrities are increasingly blurred, the insights into celebrity influence presented in this volume are as relevant as they are compelling.
In this new book, Mark Wheeler offers the first in-depth analysis of the history, nature and global reach of celebrity politics today. Celebrity politicians and politicized celebrities have had a profound impact upon the practice of politics and the way in which it is now communicated. New forms of political participation have emerged as a result and the political classes have increasingly absorbed the values of celebrity into their own PR strategies. Celebrity activists, endorsers, humanitarians and diplomats also play a part in reconfiguring politics for a more fragmented and image-conscious public arena. In academic circles, celebrity may be viewed as a ‘manufactured product’; one fabricated by media exposure so that celebrity activists are no more than ‘bards of the powerful.’ Mark Wheeler, however, provides a more nuanced critique contending that both celebrity politicians and politicized stars should be defined by their ‘affective capacity’ to operate within the public sphere. This timely book will be a valuable resource for students of media and communication studies and political science as well as general readers keen to understand the nature and reach of contemporary celebrity culture.
In this book, the authors set forth a new model of globalization that lays claims to supersede existing models, and then use this model to assess the way the processes of globalization have operated in different historic periods in respect to political organization, military globalization, trade, finance, corporate productivity, migration, culture, and the environment. Each of these topics is covered in a chapter which contrasts the contemporary nature of globalization with that of earlier epochs. In mapping the shape and political consequences of globalization, the authors concentrate on six states in advanced capitalist societies (SIACS): the United States, the United Kingdom, Sweden, France, Germany, and Japan. For comparative purposes, other states—particularly those with developing economics—are referred to and discussed where relevant. The book concludes by systematically describing and assessing contemporary globalization, and appraising the implications of globalization for the sovereignty and autonomy of SIACS. It also confronts directly the political fatalism that surrounds much discussion of globalization with a normative agenda that elaborates the possibilities for democratizing and civilizing the unfolding global transformation.
In Outrageous Invasions: Celebrities' Private Lives, Media, and the Law, Professor Robin D. Barnes examines the role and nature of privacy in Western democracies. Celebrities are routinely subjected to stalking, harassment, invasion of privacy, and defamation. These occurrences are often violations of their constitutional rights. Professor Barnes addresses growing concerns about the widespread immunity from liability enjoyed by United States tabloid publishers. Outrageous Invasions chronicles these experiences and the legal battles waged by celebrities in both the United States and European Union against a press corps that continuously invades their private lives. Professor Barnes analyzes doctrinal developments in cases from the United States Supreme Court and the High Courts of Europe. These cases demonstrate that American celebrities are entitled to, but not receiving, the same protections as their European counterparts. In Outrageous Invasions, Professor Barnes explains the value of the rights of the individual to democratic nations. She notes the importance of insuring appropriate protection for freedom of expression and associational freedom through meaningful regulation in the instances when speech rights collide with equally important values such as privacy and equality.
Demystifying the fundamental principles of intellectual property, this practical resource, essential for anyone trying to navigate today's rapidly changing media environment, provides creative artists with the legal concepts needed to deal safely with lawyers, agents, executives and others. Original.
Apart from a handful of exotic--and almost completely unreliable--tales surrounding his life, Richard Potter is almost unknown today. Two hundred years ago, however, he was the most popular entertainer in America--the first showman, in fact, to win truly nationwide fame. Working as a magician and ventriloquist, he personified for an entire generation what a popular performer was and made an invaluable contribution to establishing popular entertainment as a major part of American life. His story is all the more remarkable in that Richard Potter was also a black man. This was an era when few African Americans became highly successful, much less famous. As the son of a slave, Potter was fortunate to have opportunities at all. At home in Boston, he was widely recognized as black, but elsewhere in America audiences entertained themselves with romantic speculations about his "Hindu" ancestry (a perception encouraged by his act and costumes). Richard Potter’s performances were enjoyed by an enormous public, but his life off stage has always remained hidden and unknown. Now, for the first time, John A. Hodgson tells the remarkable, compelling--and ultimately heartbreaking--story of Potter’s life, a tale of professional success and celebrity counterbalanced by racial vulnerability in an increasingly hostile world. It is a story of race relations, too, and of remarkable, highly influential black gentlemanliness and respectability: as the unsung precursor of Frederick Douglass, Richard Potter demonstrated to an entire generation of Americans that a black man, no less than a white man, could exemplify the best qualities of humanity. The apparently trivial "popular entertainment" status of his work has long blinded historians to his significance and even to his presence. Now at last we can recognize him as a seminal figure in American history.