The Right of Publicity in the Age of Technology, Social Media, and Heightened Cultural Exchange

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Imagine you are a rising social media star. You create a video using a catchy phrase that immediately takes off. The phrase gains national, even global, attention and everyone begins using it. Now, let us say a company uses your image and your phrase without your consent to increase its relatability with the public. The company does not reach out to you to offer compensation, however, and when you reach out to them seeking some sort of acknowledgment, they state that you have no rights to your image or phrase because you are not famous, your catchphrase is not distinctive enough to serve as a trademark, and your catchphrase lacks sufficient expression to be copyrightable.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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