Thesis (D. Min.)--Midwestern Baptist Theological Seminary, 1994. / Includes bibliographical references (leaves 207-208).

Thesis (doctoral)--Università di Friburgo.

Thesis (M.A.)--University of Wisconsin, 1956. / First draft, 1954, entitled: Public relations in selected departments of the State of Georgia. eContent provider-neutral record in process. Description based on print version record.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1975. / Typescript. Vita. Includes bibliographical references (leaves 327-330).

Thesis (Ph. D.)--University of Washington, 1981. / Vita. Bibliography: leaves [388]-399.

Call number: LD2668 .T4 1964 L97 / Master of Science

Call number: LD2668 .T4 1965 P336 / Master of Science

This thesis examines publicity exploitation in practice and the possible legal response of Scots law to that exploitation. It argues that the common law in Scotland is not capable of providing a coherent and principled right of publicity for individuals, and that a statutory right is instead required. By examining the nature of publicity exploitation and the activities that constitute publicity, it becomes clear that there are a number of different methods by which an individual’s “persona” – name, image, identity and reputation – can be used to enhance the goods and services of others, and that this enhancement is something for which other parties are willing to pay. The first part of this thesis explores publicity in practice, in order to derive a framework and vocabulary on which to build the subsequent legal analysis. One conclusion reached here is that, whereas much case law and academic commentary focuses on the unauthorised use of persona, authorised exploitation is more common and more lucrative for the individual. Both authorised and unauthorised use therefore need to be represented in a publicity right. The second part explores justifications for establishing a legal right to regulate the exploitation of publicity and to enable the control of such exploitation by the individual in question. These justifications reflect the dual interests at stake in publicity rights, being dignitarian interests in the use and control of one’s persona, and economic interests in the financial value of such use. The third part of the thesis draws upon the findings of the first two parts in order to assess the most appropriate legal classification of a right of publicity. The conclusion reached is that publicity cannot be sufficiently protected through established real rights or personal rights. Instead, the hybrid nature of publicity, comprising dignitarian and economic interests, should most appropriately be protected through a right in the nature of exclusive privilege (a concept already known in Scots law). This right is capable of enabling the necessary control of persona for the individual, subject to appropriate limitations to recognise the competing interests of other parties. These limits include freedom of expression and cultural communication. The final conclusion is that such a statutory right of exclusive privilege would be best placed to give principled and coherent effect to a right of publicity in Scots law.

Celebrity sells. The right of publicity, broadly defined as the inherent right of every individual to control the commercial use of his or her identity, has been well-established in the United States (US) for over fifty years. It protects the associative value that one brings to products and services, and is invoked mainly by celebrities to prevent unauthorised commercial uses of their persona. / There is a wealth of legal literature in the US that discusses a broad range of issues from justifications for the right of publicity to its interaction with freedom of speech under the First Amendment. However, very few contributions have studied the connections between cultural practices and the right of publicity in depth. This dissertation draws on insights pertinent to aspects of right of publicity laws in its evaluation of how the cultural studies literature may contribute to doctrinal development. The usefulness of cultural studies in this inquiry rests in its examination of the roles and meanings of celebrities in contemporary society. / This thesis demonstrates how an appreciation of the production, circulation and consumption of the celebrity personality can be incorporated into an analytical framework. It argues that what we generally call ‘celebrity’ is a collective product of the celebrity individual, the audience and the cultural producers. Two exemplary insights are explored. The first insight on the definition of the contemporary celebrity based on well-knownness provides the impetus for the legal protection of the commercial value of identity. The second insight about the celebrity’s function as a cultural sign representing majoritarian ideals has important implications both for contemporary consumption and identity politics. It will be shown how these insights support the concepts of evocative identification, associative appropriation and political recoding, all contributing to a more nuanced understanding of three key elements of a typical publicity claim. As celebrities in other common law jurisdictions like the United Kingdom and Australia rely on the passing off action to seek redress for unauthorised commercial uses of their identity, the relevance of these concepts to passing off is also examined. / The findings indicate that insights from cultural studies on the celebrity phenomenon can support both an expansive interpretation of identification in a publicity claim and, at the same time, a more restrictive application of the requirement of commercial appropriation. The dissertation also demonstrates how treating ideological codings of the celebrity persona as political speech can influence the articulation of the First Amendment defence. In addition, these cultural insights have similar relevance to passing off laws, supporting a broad interpretation of goodwill and damage, and a standard of impressionistic association based on the notion of affective transfer as sufficient to constitute misleading conduct. / In conclusion, this dissertation establishes that, far from being merely a theoretical discipline concerned with semiotic codings and the politics of power and identity, cultural studies provides a pragmatic framework for judges, scholars and lawyers to further their understanding of the extra-legal issues relating to the laws protecting the commercial value of the celebrity personality.

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