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West Ashley Library
9 a.m. - 7 p.m.
Phone: (843) 766-6635
Folly Beach Library
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Phone: (843) 588-2001
Edgar Allan Poe/Sullivan's Island Library
Closed for renovations
Phone: (843) 883-3914
Wando Mount Pleasant Library
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Phone: (843) 805-6888
Village Library
9 a.m. - 1 p.m.
Phone: (843) 884-9741
St. Paul's/Hollywood Library
9 a.m. - 8 p.m.
Phone: (843) 889-3300
Otranto Road Library
9 a.m. - 8 p.m.
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Mt. Pleasant Library
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McClellanville Library
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Keith Summey North Charleston Library
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John's Island Library
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Phone: (843) 559-1945
Hurd/St. Andrews Library
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Miss Jane's Building (Edisto Library Temporary Location)
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Dorchester Road Library
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Phone: (843) 552-6466
John L. Dart Library
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Phone: (843) 722-7550
Baxter-Patrick James Island
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Phone: (843) 795-6679
Main Library
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Phone: (843) 805-6930
Bees Ferry West Ashley Library
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A COPYRIGHT RIGHT OF PUBLICITY.
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- Author(s): Weisbord, Reid Kress
- Source:
Fordham Law Review; May2016, Vol. 84 Issue 6, p2803-2844, 42p- Subject Terms:
- Source:
- Additional Information
- Subject Terms:
- Subject Terms:
- Abstract: This Article identifies a striking asymmetry in the law's disparate treatment of publicity-rights holders and copyright holders. State-law publicity rights generally protect individuals from unauthorized use of their name and likeness by others. Publicity-claim liability, however, is limited by the First Amendment's protection for expressive speech embodying a "transformative use" of the publicity-rights holder's identity. This Article examines for the first time a further limitation imposed by copyright law: when a publicity-rights holder's identity is transformatively depicted in a copyrighted work without consent, the author's copyright can produce the peculiar result of enjoining the publicity-rights holder from using or engaging in speech about her own depiction. This Article offers novel contributions to the literature on copyright overreach and: (1) identifies a legal asymmetry produced in the interplay of publicity rights, copyright law, and the First Amendment; (2) examines the burdens on constitutionally protected speech, autonomy, and liberty interests of publicity-rights holders when copyright law prevents or constrains use of their own depiction; and (3) outlines a framework for recognizing a "copyright right of publicity" to exempt the publicity-rights holder's use from copyright infringement liability. Notably, this Article contributes uniquely to the literature by revealing new insights gained from an exclusive first-hand perspective of an internationally recognized celebrity whose persona was prominently depicted without prior notice or consent in a wide-release feature film. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of Fordham Law Review is the property of Fordham University School of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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