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Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2003

Selected Works

Right of Publicity and First Amendment

Articles 1 - 1 of 1

Full-Text Articles in Entertainment, Arts, and Sports Law

All The World's Not A Stooge: The Transformativeness Test For Analyzing A First Amendment Defense To A Right Of Publicity Claim Against Distribution Of A Work Of Art, Jay Dougherty Dec 2002

All The World's Not A Stooge: The Transformativeness Test For Analyzing A First Amendment Defense To A Right Of Publicity Claim Against Distribution Of A Work Of Art, Jay Dougherty

Jay Dougherty

This article is a thorough review of First Amendment law in relation to the right of publicity. It criticizes the so-called "transformativeness test" developed in California as a mechanism to balance rights of publicity and freedom of speech and expression.