@article{41925,
      author = {Yeo, Wee Jin},
      url = {http://tind.wipo.int/record/41925},
      title = {Disciplining the Right of Publicity’s Nebulous First  Amendment Defense with Teachings from Trademark Law},
      abstract = {Academic commentators, practitioners and students alike  have written a flurry of articles on the First Amendment  defense in right of publicity law, as courts cannot seem to  agree on the appropriate balancing test that should be used  to weigh celebrities’ publicity rights against the  public’s rights to use celebrity personas as  communicative tools. Various tests have been proposed as  the panacea, but are ultimately unsatisfactory, due to  inadequacies that prevent them from striking a normatively  desirable balance. This Article suggests that the core  normative justification behind the right of publicity is  the prevention of unjustenrichment. Thus, following recent  developments in trademark law evincing the courts’  unwillingness to allow free riders to reap what they have  not sown, limiting doctrines in trademark law may provide  helpful guidance in the right of publicity context.  Specifically, it is proposed that a principled First   Amendment defense may be fashioned by adopting a modified  version of trademark law’s First Amendment balancing  test.},
      recid = {41925},
      pages = {42 pages},
}