Split Personality: Constructing a Coherent Right of Publicity Statute

"Over the past few years, a number of states have considered new or revised statutes that would protect the right of publicity. For example, last year the New York State legislature con- sidered Assembly Bill A08155, which would, at least nominally, transform New York’s right of publicity from a privacy right, codified in Civil Rights Law article 5, to a property right. By transitioning from an inalienable personal right to an alienable property right, New York would make the right of publicity transferable and descendible."

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This article appears in its entirety in the May/June edition of Landslide, a Publication of the ABA Section of International Property Law.