Notre Dame Law School NDLScholarship Journal Articles Publications 2005 The Right of Publicity and Autonomous Self- Definition Mark P. McKenna Notre Dame Law School,
[email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Intellectual Property Law Commons Recommended Citation Mark P. McKenna, The Right of Publicity and Autonomous Self-Definition, 67 U. Pitt. L. Rev. 225 (2005-2006). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/600 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. THE RIGHT OF PUBLICITY AND AUTONOMOUS SELF- DEFINITION* Mark P. McKenna- Arnold Schwarzenegger recently sued a company that was marketing a machine gun-toting bobblehead doll made in his image.' Schwarzenegger claimed that the producer was free-riding on the value of his image, violating his right of publicity.2 But where the Terminator turned Governor of California saw an attempt to exploit his hard-earned reputation, others saw valuable political speech intended to parody Schwarzenegger.3 The case ultimately settled,4 but not before drawing attention to the breadth of the * 0 2005 Mark P. McKenna (
[email protected]). ** Assistant Professor, Saint Louis University School of Law. I owe debts of gratitude to individuals far too numerous to identify here. But a few deserve special mention, particularly Liz Magill, Barb Armacost, Tom Nachbar, Jennifer Mnookin, and Curt Bradley, whom I thank for their thoughts on this project and for their encouragement.