LOS ANGELES – Loyola Law School, Los Angeles Professor Jennifer E. Rothman’s new book, “The Right of Publicity: Privacy Reimagined for a Public World,” was released today following a series of public events across the country and early praise from reviewers.
The highly timely book, from Harvard University Press, tackles the question of who controls how one’s identity is used by others. This legal question, centuries old, demands greater scrutiny in the Internet Age. Rothman uses the right of publicity, a right often wielded by celebrities, to address the issue not just for the famous but for all of us. The book challenges the conventional story of the right of publicity’s development, and warns of the danger of turning people into intellectual property.
The release coincides with Rothman’s stint as a guest blogger on the popular Volokh Conspiracy legal blog hosted by Reason magazine. In her initial post, Rothman excerpts from the book’s introduction: “The right of publicity limits what the public can say about public figures, even dead ones, and can bar the public from making sculptures, T-shirts, and posters honoring the recently deceased, such as Prince, Carrie Fisher, Robin Williams, and Muhammad Ali. It can block (and has blocked) the distribution and sale of busts of civil rights heroes, like Martin Luther King Jr. It has prevented video game makers from accurately depicting football players on historical team rosters, and television networks from using clips of their own broadcasts.”
The book has already found early praise among intellectual property experts and First Amendment experts. Jack M. Balkin of Yale Law School describes the book as the “definitive biography of the right of publicity,” a story told “with zest, explaining how we should restructure this right in our fame-obsessed age.” Stephanie Abrutyn, HBO’s senior vice president and chief counsel, litigation, writes: “The book is a fascinating read” that “concisely connects the dots of seemingly irreconcilable decisions while debunking myths about the early case law.”
Founding editor of the resource website Rothman’s Roadmap to the Right of Publicity and Joseph Scott Fellow at Loyola Law School, Los Angeles, Rothman has been a central figure in the high-profile national dialogue over the right of publicity. Recently, she filed an amicus brief and presented oral arguments before the California Court of Appeal in actress Olivia de Havilland’s right of publicity lawsuit against FX network arising out of her objection to the use of a character based on her in the miniseries “Feud.” In New York, Rothman has been at the forefront of influencing recent state legislative proposals seeking to alter that state’s longstanding right of publicity and privacy laws.
The publication of “The Right of Publicity” is a culmination of a pre-release tour that included a book launch celebration and panel discussion on Loyola’s downtown L.A. campus and a talk at the Los Angeles Times Festival of Books. Upcoming events include Rothman’s keynote address at the Yale Law School’s Abrams Institute for Freedom of Speech Commercial Speech and the First Amendment event on June 4, 2018; a Kadish Lecture, on Philosophy & the Law, at U.C. Berkeley to be held on Friday, Sept. 7, 2018; and a keynote lecture at Columbia Law School on Friday, Oct. 19, 2018.
About Loyola Law School, Los Angeles
Located on an award-winning Frank Gehry-designed campus in downtown Los Angeles, Loyola Law School is home to prominent faculty, dedicated students and cutting-edge programs. The Law School strives to instill in students the knowledge they need to excel on their chosen paths. It dedicates itself to preparing students for the rigors of practice with an extensive portfolio of practical-training opportunities, an 18,000-strong alumni network and a focus on social justice. Learn more at www.lls.edu.