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Hastings Communications and Entertainment Law Journal

Authors

Krista Correa

Abstract

As the law is currently structured, there is no clear protection for a celebrity who is personally offended (but not financially harmed) by another party's use of that celebrity's image. This lack of clarity is particularly problematic today due to the hyperrealism of nextgeneration video games. This article begins with a review of the legal rights and remedies currently available to a celebrity whose face or image is used by a game developer without the celebrity's consent. Part II of the article considers whether the current regime provides sufficient protection, while Part III turns to other sources of law and considers whether an alternative scheme, such as a moral rights system based on the European model, would be more appropriate. Finally, Part IV concludes that a federal right of publicity is necessary and considers what such a statute would need to address.

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