Right of publicity gets support from Restatement: for the first time, the doctrine is recognized by the A.L.I. as a full-fledged property right
Article Abstract:
The American Law Institute's final draft of the Restatement (Third) of the Law of Unfair Competition establishes the right of publicity as an accepted property right. Some First Amendment concerns are addressed within the Restatement through exempting news reporting, entertainment, fictional or non-fictional works and commentary from limits on using persons' identities. The commercial aspects of publicity are accepted and even descendible as long as the person has tried to exploit their identity in their lifetime.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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The American Law Institute will soon consider whether to alter a restatement principle that could affect an insurer's right to direct the defense of its insured
Article Abstract:
Proposed changes to the Restatement (3d) of the Law Governing Lawyers threaten the functional and enduring system of legal representation by insurers' staff lawyers. In May 1996 ALI will consider approving Sec 215 of the Restatement, thus including insurers among third-party payors of legal fees. This would subject them to stringent restrictions and undermine a large body of law. Unresolved issues include what the lawyer must disclose and why tactical disagreement is unacceptable.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Publicity right remains a state-law phenomenon; state cases diverge, prompting INTA to ponder a proposal for a federal law on right of publicity
Article Abstract:
The divergence among states over the definition of the right of publicity has prompted the International Trademark Association to consider recommending a federal right-of-publicity statute. A key decision for the drafters of such a law will be the scope of the right. Areas of uncertainty include the remedies and the First Amendment defenses which should be available. A law would also have to deal with the issue of pre-emption and have a provision for descendancy.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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