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The Right of Publicity: History, Trends and Issues

(249 reviews)

Produced on January 11, 2018

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$ 89 Arts & Entertainment In Stock
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Course Information

Time 1h 4m
Difficulty Intermediate
Topics covered in this course: Arts & Entertainment

Course Description

Ever since its birth over a century ago, the Right of Publicity has been a confusing array of various state-based rules. Unlike copyright or trademark law, it is not based on a federal statute. Unlike other privacy torts, it is a property right and one that involves publicity of a celebrity’s name or likeness, rather than privacy from those uses. Once primarily a common law subject, it is more statutory based, depending on the state. The courts have adopted at least four different tests to determine the scope of this right.

This 60-minute class, presented by Fordham University Professor Mark Conrad, will explore the history, the difficulty, the trends and latest cases, as well as the future of this difficult to define and more difficult to apply legal right. Interspersed with the lecture will be examples of cases for debate and thought.

Learning Objectives:

  1. Distinguish between the Right of Publicity and other intellectual property
  2. Review the variation of state laws and judicial tests
  3. Identify the constituent tensions between the publicity right and the First Amendment

Credit Information

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Mark Conrad

Fordham University Gabelli School of Business

Mark Conrad is Associate Professor of Law and Ethics at Fordham University’s Gabelli School of Business, where he directs its sports business concentration. In addition to teaching sports law, he has also taught courses covering contracts, business organizations, and media law. 

Professor Conrad’s books and articles have appeared in academic, legal and general circulation publications. His book “The Business of Sports -- Off the Field, In the Office, On the News,” (Routledge/Taylor and Francis, 2017) has been cited in leading journals as one of the most comprehensive texts on the subject. He has also published in numerous academic and non-academic journals on various sports law topics, including governance issues, intellectual property, collegiate and international issues. His current research focuses on a new governance structure for track and field, both in the U.S. and abroad.  

In addition to his full-time responsibilities at Fordham, Professor Conrad has served as an adjunct professor at Columbia University’s master’s program in Sports Management, St. John’s University School of Law and New York Law School. He has lectured at Northwestern University’s campus on Doha, Qatar and has appeared on panels and symposia at Harvard Law School, Duke University School of Law, the University of Virginia School of Law, as well the law schools of Fordham, Pace, Hofstra, DePaul and Arizona State Universities.

Professor Conrad has been quoted in journals such as the New York Times, Boston Globe, and Chicago Tribune and has appeared on CNN, WCBS-TV, Fox5 NY, Bloomberg TV and i24News.

Professor Conrad received his B.A. from City College of New York and his J.D. from New York Law School. After receiving his law degree, he earned an M.S. from Columbia University’s Graduate School of Journalism. He is a member of the New York and District of Columbia bars and resides in New York City.

You may follow him on Twitter at @Sportslaw1.


Michele B.

excellent presentation by very knowledgeable attorney

Terri L.

This was an excellent course -- the best I've done through Lawline.

Andrew S.

Excellent information and a tremendous presentation. The video clip near the end could have been trimmed a bit without losing any of the legal substance.

Brendan K.

Great instructor. Good personality.. nice use of videos, this was a course I actually enjoyed, which is rare on lawline. Love this guy!!

Vincent P.

What an approachable summary of the right of publicity . Highly recommended. Thanks

Cynthia T.

Excellent presentation and information!!

Carolyne A.

Great program! Great materials. I had independently found Jennifer Rothman's blog today while researching a deal I am working on so great advice there too! Go Fordham!

Susan L. W.

Excellent. Well prepared instructor. Loads of information.

Stuart R.

Particularly knowledgeable and good speaker.

John F G.

excellent presentation, highlights depth of knowledge on topic

Allen B.

Interesting introduction to a parallel to copyright issues.

Amy R.

Very interesting and enlightening.

Lisa Z.

Loved the actual commercial/ad.

Larned F.


Lawrence G.


Gary J.

Clear and concise discussion of relevant law with appropriate video clips to enhance the presentation. Well done!

Robert H.


Gerard M.

good program

Edward R.

Excellent use of videos as examples.

R. Christopher R.

Loved this seminar. So interesting

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