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1 UCLA Ent. L. Rev. [i] (1994)

handle is hein.journals/uclaetrlr1 and id is 1 raw text is: UCLA ENTERTAINMENT LAW REVIEW Volume 1 Number 1 Spring 1994 ARTICLES The Law of Ideas, Revisited Lionel S. Sobel ................................... 9 Forty years ago the young Melville B. Nimmer wrote an article for the Southern California Law Review entitled The Law of Ideas. That article formed the framework for chapter 16 in his subsequent copyright treatise, Nimmer on Copyright. Today, the revered treatise still follows the structure and theory of that original article. In this Article, the author responds to the contentions raised in chapter 16 of Nimmer's treatise. The author argues that the organization of Nimmer's chapter is a function of the issues on the law of ideas that were important forty years ago, not today. Consequently, the chapter gives insufficient attention to the issues of current importance. This Article, therefore, explores these issues and respectfully takes exception to some of the conclusions in the treatise. A Positive Economic Theory of the Right of Publicity Mark F. Grady ...................................... 97 The right of publicity allows entertainers and other celebrities to charge for the commercial use of their names, likenesses, and distinctive performance styles. Why, from an economic point of view, should celebrities have this right? This Article suggests that courts create liability in publicity cases so as to prevent too rapid a dissipation of the value of socially valuable publicity assets. The right of publicity privatizes a public good-publicity-and thus encourages a more sensible use of this type of social asset.

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