Document Type
Comment
Abstract
This paper seeks to discuss how the state right of publicity and federal Copyright Act often, yet inconsistently, conflict with each other. Section II will analyze the right of publicity, its theories, and its weaknesses, while Section III will dive into the Copyright Act and the Copyright Act’s section on preemption. Sections IV, V, and VI will analyze the circuit split in regard to this issue as well as the commercial use debate. Section VII will discuss the implications and emerging challenges, and section VIII will conclude and consider proposed reforms.
First Page
1
Last Page
31
Recommended Citation
Paige Baskovich,
The Right of Publicity and Copyright Preemption: How to Separate Image and Likeness from a Fixed Medium of Expression,
18 J. Bus. Entrepreneurship & L.
1
(2025)
Available at: https://digitalcommons.pepperdine.edu/jbel/vol18/iss1/1
