Loyola Of Los Angeles Entertainment Law Journal

Motion pictures, television, radio, music, theater, publishing, sports.

Motion pictures, television, radio, music, theater, publishing, sports.

In her funny, idiosyncratic, and propulsive new novel, Art Is Everything, Yxta Maya Murray offers us a portrait of a Chicana artist as a woman on the margins. L.A. native Amanda Ruiz is a successful performance artist who is madly in love with her girlfriend, a wealthy and pragmatic actuary named Xōchitl. Everything seems under control: Amanda’s grumpy father is living peacefully in Koreatown; Amanda is about to enjoy a residency at the Guggenheim Museum in New York and, once she gets her NEA, she’s going to film a groundbreaking autocritical documentary in Mexico. But then everything starts to fall apart when Xōchitl’s biological clock begins beeping, Amanda’s father dies, and she endures a sexual assault. What happens to an artist when her emotional support vanishes along with her feelings of safety and her finances? Written as a series of web posts, Instagram essays, Snapchat freakouts, rejected Yelp reviews, Facebook screeds, and SmugMug streams-of-consciousness that merge volcanic confession with eagle-eyed art criticism, Art Is Everything shows us the painful but joyous development of a mid-career artist whose world implodes just as she has a breakthrough.

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.