Patrick Kabat on Free Expression Limits to the Right of Publicity

In this episode, Patrick Kabat, a media and entertainment lawyer and Director of the First Amendment, Media & Entertainment Law Practicum at Cleveland-Marshall College of Law, discusses his article "The Fossilized Right of Publicity: Fiction, the First Amendment, and the Freedom of Imagination." Kabat begins by describing the origin of the right of publicity and what it protects. He explains why the right of publicity is in tension with the First Amendment protection of free expression, and how that tension has increased as First Amendment protections have broadened. He discusses recent right of publicity decisions, and why courts got the doctrine right or wrong. He closes by reflecting on how his practice has informed his scholarship. Kabat is on Twitter at @PatrickKabat.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.