| Description |
1 online resource (342 pages) |
| Series |
Cambridge Intellectual Property and Information Law ; v. 36 |
|
Cambridge intellectual property and information law.
|
| Contents |
Cover; Half-title page; Series page; Title page; Copyright page; Contents; List of Figures; Foreword by Professor Graeme Dinwoodie; Preface; Table of Cases; 1 Introduction; 1.1 Overview; 1.2 Scope of This Book; 2 Relevant Insights from Cultural Studies on Contemporary Fame; 2.1 Overview of Cultural Studies; 2.2 Existing Legal Literature and Cultural Studies; 2.3 Relevant Insights from Cultural Studies; 2.3.1 The Celebrity as Defined by Widespread Public Identification; 2.3.2 The Celebrity as a Cultural Sign; 2.4 Interim Observations; 3 The Right of Publicity in the United States |
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3.1 Outline of a Right of Publicity Claim3.2 Overview of the Theoretical Justifications for the Right of Publicity; 3.2.1 Lockean Labour Considerations; 3.2.2 Unjust Enrichment Considerations; 3.2.3 Incentive Creation Considerations; 3.2.4 Allocative Efficiency Considerations; 3.3 The New Deal; 4 Right of Publicity and Indicia of Identity; 4.1 The 'Use of Identity' Requirement in a Right of Publicity Claim; 4.2 Identifiability: Name, Likeness and Other Indicia of Identity; 4.2.1 Name; 4.2.2 Likeness; 4.2.3 Evocative Aspects of Identity; 4.2.4 Interim Conclusions |
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4.3 Evocative Use and Identification4.3.1 The 'Well-Knownness' of a Celebrity: A Cultural Studies Perspective; 4.3.2 Evocative Identification of a Well-Known Individual by the Audience; 4.4 Summary and Conclusions; 5 Right of Publicity and the Appropriation of Commercial Value of Identity; 5.1 The 'Appropriation of Commercial Value' Requirement in a Right of Publicity Claim; 5.1.1 Definition of 'Commercial Value'; 5.1.2 Definition of 'Appropriation'; 5.2 The Difference between Use in a Commercial Context and Use of Associative Value |
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5.2.1 Incidental Use Doctrine to Exclude First Amendment-Protected Uses5.2.2 A Nexus between Commercial Advantage and Exploitation of Associative Value; 5.3 Appropriating the Associative Value of a Celebrity's Identity; 5.3.1 The Semiotic Sign of the Celebrity and Its Connotational Meanings; 5.3.2 The Associative Value of the Celebrity and the Meaning Transfer Effect; 5.4 Summary and Conclusions; 6 Right of Publicity and the Freedom of Speech under the First Amendment; 6.1 Overview of the First Amendment; 6.1.1 Goals and Theories of the First Amendment; 6.1.2 Scope of Freedom of Speech |
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6.2 The First Amendment Defence in a Right of Publicity Claim6.2.1 Limited Guidance from the US Supreme Court; 6.2.2 Judicial Approaches; 6.2.3 Interim Conclusions; 6.3 Identity Politics and the Celebrity: A Cultural Studies Perspective; 6.3.1 The Celebrity Personality as a Political Site of Interpretive Practice and Contested Meanings; 6.3.2 Using Celebrity Signs within First Amendment Doctrine; 6.4 Summary and Conclusions; 7 Cultural Studies and the Common Law Passing Off Action; 7.1 The Extended Passing Off Action; 7.2 Goodwill and 'Well-Knownness' of the Celebrity |
| Summary |
This book encourages a cultural understanding of the contemporary celebrity and analyses the laws governing the commercial appropriation of fame |
| Notes |
7.2.1 Existence of Local Goodwill |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Personality
|
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Celebrities -- Legal status, laws, etc
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Publicity.
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Privacy, Right of.
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Personality
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Advertising
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advertising.
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Personality
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Privacy, Right of
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Publicity
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| Form |
Electronic book
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| ISBN |
9781108184892 |
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1108184898 |
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1108185282 |
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9781108185288 |
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9781316488744 |
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1316488748 |
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1316504980 |
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9781316504987 |
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