TY - JOUR AU - Post, David G. PY - 2019/04/11 Y2 - 2024/03/29 TI - Territoriality, Jurisdiction, and the Right(s) of Publicity JF - The Columbia Journal of Law & the Arts JA - JLA VL - 42 IS - 3 SE - Articles DO - 10.7916/jla.v43i3.1997 UR - https://journals.library.columbia.edu/index.php/lawandarts/article/view/1997 SP - 365-377 AB - <p>When Professors Rothman and Ginsburg asked me to speak here on the issues surrounding territoriality, jurisdiction, choice of law, and the like in the law of publicity, I confessed that I knew little about the developing law of publicity rights. Having taught Copyright Law for many years, I had come across the well-known foundational publicity rights cases—the cases involving Tom Waits, Vanna White, and Bette Midler—because of the problematic relationship between those decisions (under California state law) and federal copyright law. But I had not studied the publicity doctrine, or the main corpus of cases and statutes, with any great care.</p><p>I had, however, done some thinking over the years about territoriality and jurisdiction in other contexts. I was happy to have the opportunity to dive in and spend a couple of months immersing myself in the publicity cases and commentary to try to discover how those questions played themselves out in this particular corner of the legal universe. I found the results “alarming.” I use the term advisedly, so let me try to explain what I mean by it.</p> ER -