2016 Articles

The Other Side of Garcia: The Right of Publicity and Copyright Preemption

Rothman, Jennifer E.

The subject of my talk is a perfect transition from the two prior talks, and a perfect place to end an entire symposium about Copyright Outside the Box—by literally getting out of the copyright box entirely, and talking about the right of publicity and its intersection with copyright law. I want to begin by thanking Jane Ginsburg for inviting me and encouraging me to participate, despite the fact that I’m stepping way outside the box. I also want to thank everyone here at the Kernochan Center, and the students of the Columbia Journal of Law and the Arts for putting this all together.