The Right of Publicity in New York

December 8, 2017
Barry Werbin
St. John’s University, Manhattan Campus

New York’s State Legislature is considering significant changes to provisions of the Civil Rights Law that govern the right of publicity (ROP) - controversial legislation that has drawn fierce opposition from the media industry while garnering enthusiastic support from proponents of individual performance rights such as SAG-AFTRA.  

Herrick counsel Barry Werbin, as co-chair of the State Bar EASL Section Publicity, Privacy & Media Committee, was among the key speakers at “The Right of Publicity in New York,” a program presented by St. John’s Intellectual Property Law Center and the Entertainment, Arts, and Sports Law Section of the New York State Bar Association.

Professionals in sports, entertainment, media, gaming and marketing, and all others involved in promotional activities attended.

The program included a presentation by Barry and his EASL co-chair Ned Rosenthal, on the history of ROP, followed by a full panel discussion of the controversial potential new state legislation, featuring leading experts, academics, and key law makers including Professor Jennifer Rothman of Loyola, one of the top ROP experts in the U.S., and New York State Senator Diane Savino, co-sponsor of a prior ROP bill that was re-introduced in January 2018.