Works by Professor Rothman

The Book

Privacy Reimagined For A Public World
THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

Essays and Articles

Jennifer E. Rothman, “The Absent Prince: Reflections on Personality Rights and Andy Warhol Foundation v. Goldsmith,” Grey Room (2023)

Jennifer E. Rothman, “Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption,” 135 Harvard Law Review 1271 (2022)

Jennifer E. Rothman and Robert Post, “The First Amendment and the Right(s) of Publicity,” 130 Yale Law Journal 86 (2020)

Jennifer E. Rothman, “The Right of Publicity’s Intellectual Property Turn,” 42 Columbia Journal of Law and the Arts 277 (2019)

Jennifer E. Rothman, “The Right of Publicity: Privacy Reimagined for New York,” 36 Cardozo Arts and Entertainment Law Journal 441 (2016)

Jennifer E. Rothman, “The Other Side of Garcia: The Right of Publicity and Copyright Preemption,” 39 Columbia Journal of Law and the Arts 441 (2016)

Jennifer E. Rothman, “Commercial Speech, Commercial Use, and the Intellectual Property Quagmire,” 101 Virginia Law School Review (2015)

Jennifer E. Rothman, The Inalienable Right of Publicity,” 101 Georgetown Law Journal 185 (2012)

Jennifer E. Rothman, “Copyright Preemption and the Right of Publicity,” 36 U.C. Davis Law Review 199 (2002)

Book Chapters

Valuing the Freedom of Speech and the Freedom to Compete in Defenses to Trademark and Related Claims in the United States,” in The Cambridge Handbook on International and Comparative Trademark Law (Jane C. Ginsburg & Irene Calboli, eds. 2020) 

In the Shadow of the Law: The Role of Custom in Intellectual Property,” in Research Handbook on the Economics of Intellectual Property Law (Vol. 1 – Theory) (Peter Menell & Ben Depoorter, eds. 2019)
Copyright, Custom, and Lessons from the Common Law,” in Intellectual Property and the Common Law (Shyamkrishna Balganesh ed. 2013)

Other Media

Digital Replica Bill May Leave Performers Worse Off,” The Regulatory Review (Jan. 2, 2024)

What Happened to Brooke Shields Was Awful. It Could Have Been Even Worse.,” Slate (Apr. 18, 2023)

Sports Players’ Image Rights with Professor Jennifer Rothman,” NMashinini (Feb. 14, 2023)

Open Forum: If California Cares About Student Athletes, it Will Give Them Rights to Their Identities, San Francisco Chronicle (Oct. 4, 2019)

The Show Must Go On: The Technological and Legal Issues Behind Digitally Preserving a Celebrity’s Likeness,” FilmWeek, KPCC (Oct. 26, 2018)

Everything You Say, Do in Public Could End up on the Internet,” Texas Public Radio (Aug. 22, 2018)

Real People, Real History, Real Problems,” The Volokh Conspiracy (May 11, 2018)

The Market in Dead People,” The Volokh Conspiracy (May 10, 2018)

Only Robin Wright Should Own Robin Wright,” The Volokh Conspiracy (May 9, 2018)

Is Privacy Dead?,” The Volokh Conspiracy (May 8, 2018)

What does Olivia de Havilland have against Allison Janney?,” Los Angeles Times (Mar. 1, 2018)

Occupy the Public Domain,” San Francisco Chronicle (Feb. 6, 2012)

Amicus Briefs and Legislative Advocacy

Memorandum Opposing New York Assembly Bill A5605 and Senate Bill S5959, Submitted to the New York Legislature (June 13, 2019)

Brief of Intellectual Property Professors in Support of Neither Party, USA v. Mongol Nation, 13-CR-0106 (C.D. Cal.) (Feb. 28, 2019) (with Prof. Rebecca Tushnet)

Memorandum Opposing Assembly Bill A08155, Submitted to the New York Legislature (June 8, 2017)

Brief of 28 Constitutional Law and Intellectual Property Law Professors as Amici Curiae in Support of Petitioner, NCAA v. O’Bannon, et al., Supreme Court of the United States, No. 15-1388 (United States Supreme Court) (June 13, 2016) (with Prof. Eugene Volokh)

Brief of 31 Constitutional Law and Intellectual Property Law Professors as Amici Curiae in Support of Petitioner, Electronic Arts, Inc. v. Davis, No. 15-424 (United States Supreme Court) (Nov. 4, 2015)

Brief of Amici Curiae 27 Intellectual Property and Constitutional Law Professors in Support of Defendant-Appellant’s Petition for Rehearing En Banc, David v. Electronic-Arts, Inc., No. 12-15737 (9th Cir.) (Jan. 29, 2015)

Case Files