"It's a Little Known Fact" that Copyright Law is in Conflict with the Right of Publicity

Authors

Madeline O'Connor, Touro Law Center

Abstract

This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.

Recommended Citation

O'Connor, Madeline (2012) ""It's a Little Known Fact" that Copyright Law is in Conflict with the Right of Publicity," Touro Law Review: Vol. 26: No. 1, Article 11.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol26/iss1/11