Page Number
143
Abstract
This Comment will examine the many ways that courts struggle to balance the right of publicity and the First Amendment. The main issue is that docudramas are an intermediary production between movies and documentaries, and producers are claiming the protections that exist for those two mediums also protect their works. There has been only one Supreme Court case on the right of publicity. Since this ruling, however, lower courts have found that precedent to be too narrow and have decided cases individually. This has enabled courts to try docudrama right of publicity cases with a multitude of tests. This Comment will explain how the tests applied to the right of publicity in docudramas issues are numerous and include trademark, copyright, and economic approaches. Next, this Comment will explain how these tests give significant deference to the First Amendment. Finally, this Comment will propose a new test for courts to implement when deciding the right of publicity in docudramas that provides a proper balance between the First Amendment and the rights of individuals.
Recommended Citation
Edbrooke, Sophie
(2020)
"Emily Staker, Agents of Change: The Role of the NFL Contract Advisor in the 2021 Collective Bargaining Agreement, 23 U. DENV. SPORTS & ENT. L.J. 119 (2020).,"
Denver Sports & Entertainment Law Journal: Vol. 23:
Iss.
1, Article 9.
Available at:
https://digitalcommons.du.edu/selj/vol23/iss1/9