ABSTRACT
The right of publicity allows for one to market and monetize their name, image, and likeness. However, the monetization of one’s name, image, and likeness can lead to exploitation. The valuation of an individual’s publicity rights can fluctuate over time, which makes contracting for it susceptible to exploitation. It is susceptible to exploitation because often parties, like prospective student athletes, contract at a young age with experienced parties for their publicity rights without any real idea of its value. The proposal of this paper is to add a statutory right to terminate to right of publicity contracts after a period of five years. With these additions, those who contract away their likeness have an opportunity to renegotiate later in life where a better valuation of their publicity rights can be determined. Also, these additions are good for the transferee as well because it allows a transferee to renegotiate or exit a contract that is no longer profitable. As the landscape for college basketball changes to allow athletes to be compensated for their publicity rights, these additions to the right of publicity will become increasingly important. Adding a statutory right to terminate after a period of five years is good for those who contract away their publicity rights and those who contract for publicity rights.
Wright, Thomas, Reformation of the Right of Publicity (March 11, 2021).
First posted 2021-03-16 09:00:40
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