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Exploring Right of Publicity Laws: Insights from Boston College Law School Conference

Join us on April 23, 2007, for a deep dive into intellectual property laws at Boston College Law School. This conference covers various areas such as trade secrets, misappropriation, contracts, idea submissions, publicity, moral rights, trespass, and preemption. Dive into the Midler v. Ford Motor case in California regarding the right of publicity under Cal. Civ. Code 3344. Learn about common law right of publicity and appropriation of celebrity identities for commercial purposes, as seen in cases like White v. Samsung and Wendt v. Host Comedy. Discover the justifications behind right of publicity laws, including utilitarian benefits and personality theory. This conference aims to enhance your understanding of how these laws protect individuals' interests in controlling their own identities.

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Exploring Right of Publicity Laws: Insights from Boston College Law School Conference

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Presentation Transcript


  1. Intellectual Property Boston College Law School April 23, 2007 Right of Publicity

  2. State Intellectual Property Laws • Different areas • Trade Secret • Misappropriation • Contract • Idea Submissions • Publicity • Moral Rights • Trespass • Preemption

  3. Midler v. Ford Motor

  4. California Right of Publicity • Cal Civ. Code 3344 • (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products … or for the purposes of advertising products, … without such person’s prior consent … shall be liable for any damages …” • Common Law Right of Publicity • Appropriation of celebrity’s identity for commercial purposes

  5. White v. Samsung

  6. Wendt v. Host

  7. Comedy III v. Saderup

  8. Saderup

  9. Warhol

  10. Masters Of Augusta

  11. Elvis Impersonators

  12. Cardtoons v. MLBPA

  13. Justifications • Utilitarian justifications • Incentive for creativity and achievement • Preserve value of identity as a marker • Prevent consumer deception and confusion • Labor-desert • Reward labor and hard work • Prevent unjust enrichment • Personality theory • Protect interest in controlling own identity

  14. Administrative • Next Class • Finish syllabus

  15. Hypo

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