This Article explores several controversial issues triggered by the recognition and expansion of the right of publicity. It argues that the right of publicity should be construed expansively so that every person and her heirs and grantees can rely upon it to prevent the commercial exploitation of any personal attribute capable of public recognition. The Article asserts that because such a broad scope of protection for the right of publicity must, at some point, clash with the right of free expression cherished by society, a doctrine must emerge which will balance both interests successfully. It advocates the adoption of a concept analogous to the fair use doctrine present in the copyright laws as a viable resolution of this problem.
Roberta Rosenthal Kwall, Is Independence Day Dawning for the Right of Publicity?, 17 U.C. Davis L. Rev. 191 (1983)