Notorious RBG and the Right of Publicity

Before I return to substantive blogging, I just have a quick thought. I think it’s rather charming that Justice Ginsburg is happy to allow merchandise bearing her likeness or name to be sold without any restrictions. This harkens back to another age when public figures did not vigorously enforce their right of publicity (to the extent that they even had one). For those who take a strong view of the need for a right of publicity on utilitarian grounds, her decision not to enforce hers is a counterpoint. (It’ll be interesting to see, someday, whether her heirs will be so charitable).

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