Such a thing as bad publicity?

Abstract

In The Right of Publicity: Privacy Reimagined for a Public World, Jennifer E Rothman takes the reader on a fascinating journey from the inception of the publicity right in the USA, through its development and expansion, concluding by contextualizing it against copyright and free speech. She explores in depth the origins of publicity in privacy, and the fraught relationship between them over 200-odd years, all the while maintaining a taught critique by of publicity. Her clear, direct style and the odd, deft use of dry humour to underscore her thesis make this an enjoyable and informative read. The right of publicity is a distinctly American legal issue, which makes this a distinctly American book. While the publicity right may not have a counterpart in UK law,1 the related concepts of privacy, endorsement and control over the use of a person’s own identity are pertinent issues for policy and society. (Moreover, Rothman reveals just how rapidly the publicity right developed out of virtually nowhere through impressive historical research and out-of-this-world metaphors, so it is as well to be on our guard about it.) Rothman’s fresh and principled approach to the publicity right makes the subject matter accessible even where it is not directly applicable in court.