The Right of Publicity and the First Amendment
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The Right of Publicity and the First Amendment

right a publicity in the first amendment
to write a publicity is not The Constitutional Right. The right of publicity is fundamentally an economic right. It’s the right to
exploit your name image or likeness for commercial gain The right of publicity is not mentioned in
the Constitution. Unlike copyright or patents, it’s not there. The right of
publicity therefore does not give the holder of
the right the right to censor inflammatory or
offensive portrayals, because the First Amendment The First Amendment protects
information in the public interest. As the press
likes to say it is the right of the public to know and
the press’ right to tell. The First Amendment —
broadly put — protects newsworthy accounts and uses of a person’s name, image or likeness. So for
instance current events are protected. Educational
uses of a name, image or likeness is protected.
And even the use of a name, image or likeness for amusement is protected. Another major protection of the First Amendment is a
transformative use So if an artist takes a photo
transforms that photo into his own artistic interpretation of
that photo that’s protected because it’s transformed the photo. It’s no longer after the same
market as a celebrity’s photo It’s created a new market. California — predictably — spells out the protections They say that the use of a name voice, signature, photograph or likeness in connection with any news, public
affairs, sports broadcast or account, or political campaign is protected and you
need not obtain consent from the individual Now in coming videos, we’ll discuss
specific cases and specific uses of the right of publicity.

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