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5
Vanna White v. Samsung
Right of Publicity
Right to Exclude- dissent worried about “commercial use or otherwise” b/c goes too far
-Usually only commercial use excluded, but majority here gives Vanna right to exclude anything that would remind us of her.
Name or likeness (vs. nomitive use- just explaining)
-Should she get credit for her persona which was not even created entirely by her (writers/directors)?
1st amendment creates space to criticize public people, but limiting property rights can impede on rights do to parodies etc.
-Want society to have information, even if it is information that some don’t like
Right to Exclude- dissent worried about “commercial use or otherwise” b/c goes too far
-Usually only commercial use excluded, but majority here gives Vanna right to exclude anything that would remind us of her.
Name or likeness (vs. nomitive use- just explaining)
-Should she get credit for her persona which was not even created entirely by her (writers/directors)?
1st amendment creates space to criticize public people, but limiting property rights can impede on rights do to parodies etc.
-Want society to have information, even if it is information that some don’t like
