Article
All the World's Not a Stooge: The Transformativeness Test for Analyzing a First Amendment Defense to a Right of Publicity Claim Against Distribution of a Work of Art
Colum J Law & Arts
(2003)
Abstract
This article is a thorough review of First Amendment law in relation to the right of publicity. It criticizes the so-called "transformativeness test" developed in California as a mechanism to balance rights of publicity and freedom of speech and expression.
Keywords
- right of publicity,
- photographs,
- art works,
- transformativeness,
- entertainment law
Disciplines
Publication Date
Fall 2003
Publisher Statement
Originally published in 27 Colum J. Law & Arts 1 (2003).
Citation Information
Jay Dougherty. "All the World's Not a Stooge: The Transformativeness Test for Analyzing a First Amendment Defense to a Right of Publicity Claim Against Distribution of a Work of Art" Colum J Law & Arts Vol. 27 Iss. 1 (2003) Available at: http://works.bepress.com/jay_dougherty/3/