The Right of Publicity

Abstract

Louis Brandeis and Samuel Warren in their essay The Right to Privacy' produced what is perhaps the most famous and certainly the most influential law review article ever written. In the words of Roscoe Pound, it did nothing less than add a chapter to our law.2 It was primarily due to the persuasiveness of this article that first Georgia3 and then 14 other states4 came to recognize a common law right of privacy. Furthermore, when the New York Court of Appeals rejected the BrandeisWarren arguments and refused to recognize a common law right of privacy,5 the New York Legislature instituted legislation6 which in some ways has extended the scope of privacy actions even beyond that envisaged by Brandeis and Warren. Moreover, two states have since adopted privacy statutes substantially similar to the New York statute.7

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