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Chapman Law Review

Abstract

"A precise, narrowly tailored federal right of publicity will promote creativity and business rather than stifle it, and also protect First Amendment rights. In this article, Part I discusses whether the right of publicity should be considered a privacy or property right, and illustrates the importance of a publicity right. Part II provides an overview of the lack of consistency and uniformity between states’ right of publicity statutes. Finally, Part III examines what a federal right of publicity should look like and how a federal right would apply in practice."

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