Monday, September 26, 2022
Bunker and Erickson on Circuit Splits, Dictionaries & Legal Essences: The Right of Publicity as "Intellectual Property" @m_bunker
Matthew D. Bunker and Emily Erickson have published Of Circuit Splits, Dictionaries & Legal Essences: The Right of Publicity as "Intellectual Property" at 29 UCLA Entertainment Law Review 1 (2021). Here is the abstract.
This Article first provides a basic outline of both the right of publicity and the mechanism of Section 230. Next, it analyzes the existing case law interpreting Section 230’s intellectual property exclusion. The Article then explores three dimensions that suggest the right of publicity should not be treated as intellectual property for 230 purposes. Finally, it offers concluding perspectives on this difficult and vitally important area of the law.
Download the article at the link.