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The extent of recognition of this right in the United States is largely driven by [[statute]] or [[case law]]. Because the right of publicity is governed by state law<ref>[[C.B.C. Distribution v. Major League Baseball|C.B.C. Distrib. and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.]], 505 F.3d 818, 822 (8th Cir. 2007) ([http://scholar.google.com/scholar_case?case=12826640810242139360&q=505+F.3d+818&hl=en&as_sdt=2,5 full-text]) (''citing'' Zacchini v. Scripps-Howard Broad. Co., 433 U.S. 562, 566 (1977) ([http://scholar.google.com/scholar_case?case=16238771870259020023&q=433+U.S.+562&hl=en&as_sdt=2,5 full-text])).</ref> (as opposed to federal law), the degree of recognition of the right varies significantly from one state to another. To date, twenty-eight states have recognized the right, either in their [[case law]], by [[statute]] or both. |
The extent of recognition of this right in the United States is largely driven by [[statute]] or [[case law]]. Because the right of publicity is governed by state law<ref>[[C.B.C. Distribution v. Major League Baseball|C.B.C. Distrib. and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.]], 505 F.3d 818, 822 (8th Cir. 2007) ([http://scholar.google.com/scholar_case?case=12826640810242139360&q=505+F.3d+818&hl=en&as_sdt=2,5 full-text]) (''citing'' Zacchini v. Scripps-Howard Broad. Co., 433 U.S. 562, 566 (1977) ([http://scholar.google.com/scholar_case?case=16238771870259020023&q=433+U.S.+562&hl=en&as_sdt=2,5 full-text])).</ref> (as opposed to federal law), the degree of recognition of the right varies significantly from one state to another. To date, twenty-eight states have recognized the right, either in their [[case law]], by [[statute]] or both. |
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− | {{Quote|Only Nebraska and New York expressly rejected a [[common law]] right to publicity, but both of those states later recognized a right to publicity with [[statutory]] enactments. J. Thomas McCarthy, The Rights of Publicity and Privacy, §§6.1-6.3 (2d ed.). In fact, of the United States territories, only Puerto Rico currently rejects the right to publicity. Guedes v. Martinez, 131 F.Supp.2d 272 (D.P.R. 2001).<ref>[[Bosley v. Wildwett.com]], 310 F.Supp.2d 914, 935 (N.D. Ohio 2004).</ref>}} |
+ | {{Quote|Only Nebraska and New York expressly rejected a [[common law]] right to publicity, but both of those states later recognized a right to publicity with [[statutory]] enactments. J. Thomas McCarthy, The Rights of Publicity and Privacy, §§6.1-6.3 (2d ed.). In fact, of the United States territories, only Puerto Rico currently rejects the right to publicity. Guedes v. Martinez, 131 F.Supp.2d 272 (D.P.R. 2001) ([http://scholar.google.com/scholar_case?case=18337772496191851943&q=131+F.Supp.2d+272 hl=en&as_sdt=2,5 full-text]).<ref>[[Bosley v. Wildwett.com]], 310 F.Supp.2d 914, 935 (N.D. Ohio 2004).</ref>}} |
== Rationale for recognizing a right of publicity == |
== Rationale for recognizing a right of publicity == |