Los Angeles – Loyola Law School, Los Angeles Professor Jennifer Rothman, a renowned expert on intellectual property issues, has launched “Rothman’s Roadmap to the Right of Publicity,” a state-by-state guide to the nationwide patchwork of laws governing the use of an individual’s identity for commercial (and sometimes noncommercial) purposes.
Rothman monitors right-of-publicity litigation and regularly files briefs in important cases. Most recently, she and a co-author filed a brief calling on the Supreme Court to review Davis v. Electronic Arts, a case involving the use of professional football players’ likenesses in the game series “Madden NFL.”
“The right of publicity is a hodgepodge of widely different state laws. Differences range from whether rights survive death to whether the cause of action is limited to uses in advertising to whether only people with commercially valuable identities can bring suit,” said Rothman. “Rothman’s Roadmap to the Right of Publicity provides something I’ve long wanted myself — a 21st century interactive map with a breakdown of the key components and controversies that surround each state’s right of publicity laws. My commentary provides a deeper dive that allows scholars, practitioners, journalists and students to better understand and contextualize the law. I also wanted a place where I could bring together breaking news about the right and share my take on the issues. ”
A frequent source of commentary in the media about right of publicity issues, including the use of celebrity images, Rothman teaches and writes extensively on the subject. Her law review articles are frequently published in top law journals and include “The Inalienable Right of Publicity” and “Copyright Preemption and the Right of Publicity.” Her forthcoming book, “A Right is Born: The Right of Publicity, Celebrity and Privacy in a Public World,” will be published by Harvard University Press.
Created and maintained by Rothman, the site offers news, commentary and links to key resources, as well as the state-by-state legal analysis. Since the site’s soft launch late last month, legal experts have praised the website, www.rightofpublicityroadmap.com, for its compelling content and intuitive design. Reviews include:
Rothman’s Roadmap to the Right of Publicity is an excellent new site…for anyone interested in the right of publicity (the limited right to control the use of one’s name or likeness for commercial purposes).
-Eugene Volokh, The Volokh Conspiracy
Rothman’s Roadmap to the Right of Publicity website…provides accessible and detailed information about the right of publicity laws of all 50 states, as well as helpful information about the right of publicity in general. Whatever you think of the right of publicity on the merits, at least it’s now a little easier to figure out what it actually provides.
-PrafsBlawg, a legal website managed by a cooperative of law professors
The right of publicity is one of the legal rights used to protect one’s likeness and name….The scope of the problem with patchwork state law can be seen elegantly with Loyola Law School’s (Los Angeles) Professor Jennifer Rothman’s new right of publicity website: Rothman’s Roadmap to the Right of Publicity.
-IP Finance
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 and dedicated students. Its cutting-edge programs include a focus on cybersecurity, which is available as a focused area of study. 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, a 17,000-strong alumni network and a focus on social justice. Learn more at www.lls.edu.
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