Private Ownership of Public Image: Popular Culture and Publicity Rights

Abstract

The "right of publicity" gives famous people an assignable and descendible right in the commercial value of their names, likenesses, and other identifying characteristics.In this Article, Professor Madow challenges the standard arguments that are made in favor of this right, and suggests some significant disadvantages of existing legal doctrine.Writing from a "Cultural Studies" perspective, Professor Madow argues that private, centralized ownership and control of celebrity images poses a more serious threat to cultural pluralism and self-determination than is sometimes realized.The author traces the origins and development of the right of publicity, suggesting that its emergence reflects a fundamental change in the way fame is understood and valued in our society.Finally, Professor Madow criticizes the moral, economic, and consumer protection arguments commonly made in support of the right of publicity, and raises the possibility that the right creates socially undesirable incentives and promotes, rather than prevents, unjust enrichment.While the Article finds the existing case for the right ofpublicity unconvincing, it does not call for immediate abolition.Instead, it offers a theoretical and evaluative framework for future research and discussion.

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