The Right of Publicity: History, Trends and Issues

(75 Ratings)

Produced on: January 11, 2018

Course Format On Demand Audio

Taught by


Course Description

Time 64 minutes
Difficulty Intermediate

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


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, has been cited in leading journals as one of the most comprehensive texts on the subject. The third edition will be released in the spring of 2017. He has also published in academic and non-academic journals on various sports law topics, including governance issues, intellectual property, collegiate and international issues. In addition to his full-time responsibilities at Fordham, Professor Conrad has served as adjunct professor at Columbia University’s Sports Management Program and at St. John’s University’s LL.M in International Sports Practice. He served as president of the Sport and Recreation Law Association from 2014-15 and now is president of the Alliance for Sport Business. Professor Conrad has been quoted in the New York Times, Boston Globe, and Chicago Tribune and has appeared on CNN and Bloomberg TV.

Professor Conrad received his B.A. from City College of New York and his J.D. from New York Law School. He also received 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 at Twitter at @Sportslaw1.


Gerard M.

good program

Edward R.

Excellent use of videos as examples.

Chris R.

Loved this seminar. So interesting

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$ 59 Sports & Entertainment Law In Stock


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