A Common Law for the Statutory Era: The Right of Publicity and New York\u27s Right of Privacy Statute

Abstract

This note compares New York\u27s privacy statute with the common law right of publicity. The article first traces the history of each law, then goes on to compare their effects. The author argues that exploitation of persona warrants judicial recognition of a common law right of publicity in New York, despite the argument that the creation of such a right should be left to the discretion of the legislature