Touro Law Review
Stern v. Delphi Internet Services Corporation, New York Civil Rights Statute, First Amendment, Right of Publicity, unauthorized likeness
This article addresses the repercussions of Stern v. Delphi Internet Services Corporation and argues that the decision in Stern opens the door to a broader interpretation of “newsworthiness” and “public interest” that will enable advertisers broader First Amendment protections when using “unauthorized” likenesses. This article posits that artful advertisers could very well use the theory of Stern as a basis for virtually ensuring that every “unauthorized likeness” will enjoy First Amendment protection and not be considered as violative of the right of publicity.
Karin Mika, Commercial Exploitation or Protected Use? Stern v. Delphi Internet Services Corporation and the Erosion of the Right of Publicity, 13 Touro Law Review 207 (1996)