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Augmented Legality
Blogs | July 2, 2012
2 minute read
Augmented Legality

"Identity and Its Consequences": My Chapter in Westlaw's New Book

I'm pleased to announce that I wrote a chapter in Litigation Strategies for Intellectual Property Cases, 2012 ed.: Leading Lawyers on Analyzing Key Decisions and Effectively Litigating IP Cases, the newest book in Thomson Reuters'  Inside the Minds series.  It's available now in the Westlaw store.

My chapter is titled "Identity and Its Consequences: the Importance of Self-Image, Social Media, and the Right of Publicity to IP Litigators."  The concept of "identity" allowed me to tie together three different subjects that Thomson asked me to consider addressing: (1) how IP litigators think about themselves and their approach to the profession; (2) the role social media plays in IP litigation; and (3) the various ways that Right of Publicity law is developing.

As my blog readers know, the right of publicity is a topic I address frequently.  This chapter summarizes the issues I've spoken on in my presentations called "Why the Red-Headed Stepchild of IP Law Deserves a Second Look."  Here, I broke the discussion down into six topics: (1) copyright preemption; (2) confusion with the Lanham Act; (3) overlap with the First Amendment; (4) the undeveloped state of the law; (5) the fluid meaning of "fame"; and (6) the right's increasing application to prurient content.

If these topics and the other discussions in the book interest you, swing on over to the Westlaw store to order a copy, or consider having me over to speak to your group.