Right Of Publicity Consent In The Age Of Podcasting

Law360, New York (November 5, 2009, 12:20 PM EST) -- Despite the growth of podcasting as a medium for disseminating both editorial and advertising content, the law has not yet caught up to technology in accepting recorded oral consent as written consent for right of publicity purposes for advertising and commercial uses.

The right of publicity is a crucial legal issue for advertisers and obtaining an enforceable publicity release is essential. In order to use an individual’s persona — defined under § 51 of New York’s Civil Rights Law as “name, portrait, picture or voice” —...
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