Profiting from Publicity seminar
28th Apr 2017
The Department of Business Law and Taxation and the Ethical Regulation Research Group (ERRG) in the Centre for Global Business invite you to a seminar on 'Profiting from Publicity' presented by Professor Dan Rosen, Chuo Law School, Tokyo.
A light lunch will be provided.
To RSVP for this event, please email Lauren.King@monash.edu by Wednesday 26 April.
BLT meeting room, Building S, Level 3, Caulfield campus
The "right of publicity" is a relatively new legal concept that has substantial business consequences. Not every country recognises it, and even those that do have different understandings of its origins and dimensions. In the United States, the right varies from state to state.
In its simplest form, the right allows well-known people to profit from the use of their names or likenesses in commercial settings. It provides entertainers and athletes with substantial revenue streams apart from their primary activities. Management of that right can enhance a performer's career or harm it. In the U.S., for the example, top-level stars rarely do product advertising. To do so would suggest their careers are on the wane. Second-level stars do advertising but ideally limit the number of products to avoid overexposure. In Japan, the impression is just the opposite. The more ads one does, the more successful s/he appears. The movie "Lost in Translation" shows the difference, as an over-the-hill American actor comes to Japan to make a lot of money doing a whisky ad that he would avoid doing in his home country.
One theory of "right of publicity" is that it is derived from privacy and personality rights. Another theory is that it is a type of property right. The distinction is critical, as—in many places—personality rights are extinguished upon death. Property, however, descends to one's heirs. But for how long? A number of organisations exist primarily to manage the licensing of the names and images of dead celebrities. It is a big business.
The presentation will examine the right of publicity across several countries, looking at the competing theories of its origins, and the management of the economic interests it generates.
Dan Rosen is a professor at Chuo Law School (Tokyo). He specialises in Media and Entertainment Law and has worked in the communication industry in the U.S. and Japan. Rosen received his J.D. degree at SMU Law School, where he was Editor-in-Chief of Southwestern Law Journal (since renamed SMU Law Review). He went on to receive LL.M. and J.S.D. degrees from Yale Law School, and he served as a law clerk to The Hon. James R. Browning, then Chief Judge of the U.S. Court of Appeals for the Ninth Circuit (the largest of the federal circuit courts). Prior to coming to Chuo, Rosen was on the law faculty of Doshisha University (Kyoto) and—before that—Loyola University College of Law (New Orleans). He also is an avid drummer whose enthusiasm exceeds his talent.
Date: Friday 28 April 2017
Time: 01:00 pm - 02:15 pm
Venue: 900 Dandenong Road, Caulfield East VIC