Eliana Torres


Part I of the article provides an overview of the right of publicity and its history. It presents the importance of this right, particularly for celebrities, and it focuses on the influence of the entertainment and sports industries in a global economy. Then, it analyzes the major differences in level of protection, scope and length, starting with the United States. Then it uses the standard in the United States and compares it with the protection offered in 22 selected jurisdictions based on a survey report by Kenyon & Kenyon titled Getting the Deal Through. Then, it addresses potential challenges to the current approach and the issues that arise from having different standards in every jurisdiction. Part II of the article provides a solution to the current issue. It proposes adopting a provision into the TRIPs Agreement.15 The last section of Part II analyzes the impact of this proposal in a global spectrum. Lastly, Part III addresses the potential criticisms of the proposal.