Category Archives: my writings

New article: images and the right of publicity

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015)   Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other … Continue reading

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Book chapter on resisting gendered concepts of creativity

Rebecca Tushnet, The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity, in DIVERSITY IN INTELLECTUAL PROPERTY, (Irene Calboli & Srividhya Ragavan eds., Cambridge Univ. Press, forthcoming 2015). Abstract: Dominant narratives of creativity regularly expect female-associated forms of … Continue reading

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Mark Lemley is our king

But then, you knew that anyway.  Here, have a list of the most cited IP articles over the past ten years, compiled with diligent effort by Ted Sichelman.

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Kindle Worlds and fans

Jeff John Roberts has a piece up at Gigaom about the article I presented at IPSC, with the news hook being Kindle Worlds versus traditional noncommercial fan fiction.  The title calls Kindle Worlds a “bust” for fans; I don’t think … Continue reading

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Sneak peek at the new edition of Advertising & Marketing Law: Cases and Materials

Eric Goldman has put the Right of Publicity chapter from the new edition of our casebook up at SSRN.  More to come soon!

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New article: More than a Feeling: Emotion and the First Amendment

127 Harv. L. Rev. (forthcoming 2014). Abstract: First Amendment law has generally been leery of government attempts to change the marketplace of emotions—except when it has not been. Scientific evidence indicates that emotion and rationality are not opposed, as the … Continue reading

Posted in commercial speech, defamation, dilution, disclosures, first amendment, my writings, trademark | Leave a comment

How Many Wrongs Make a Copyright?

This has tangential relevance to the Innocence of Muslims case (of which more soon).  I’ve written more directly about that case at the district court level, but this forthcoming publication deals with the idea of providing more protection to victims of … Continue reading

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