Introduction

AuthorWeston Anson
Pagesxvii-xix
xvii
Analysis and Valuation of Celebrity Licensing,
Endorsements, and Promotions: Rights of Publicity
This is a unique book on a unique topic because it brings together two truly unique
phenomena. The first phenomenon is based on a complex legal system—rights of pub-
licity exploitation in a legal sense, which is being increasingly talked about, utilized,
expanded and litigated.
The second phenomenon is cultural and business based—the growth of celebrity
branding via licensing, promotion, merchandising and endorsement; and branding
amongst celebrities, athletes and other persons of interest using their rights of publicity
(“ROP”). These two phenomena come together here in this book. From both points of
view, ROP fuels three fast growing areas of law, marketing and business:
one of the fastest growing areas of Intellectual Property law,
one of the fastest growing areas of marketing and branding in general, and,
one of the fastest growing areas of licensing, merchandising, endorsements,
and promotions.
As the subtitle says, in addition to summarizing the current legal statutes, this
book’s focus is on the analysis and valuation of celebrity licensing, endorsements, and
promotions. But this is not to say that it somehow excludes the core underlying con-
cepts of branding and the growth of promotional marketing in our society. In this book,
we believe the analysis and value of celebrity licensing/promotions/endorsements is
best done via the discussion and analysis of actual cases. Therefore, in each of the chap-
ters, you will find a discussion of at least one case.
In layman’s terms, right of publicity is based upon using the intangible assets and
intellectual property of a person in a promotional environment. Whether that promo-
tional environment involves a five-year license, a single occurrence promotion, a short
term advertising campaign, an endorsement, or other marketing effort, all of these are
usages of a celebrity’s right of publicity. This is not substantially different than how
other traditional brands are increasing the use of their intangible assets and intellec-
tual property in licensing, merchandising, and promotional deals. Disney and General
Motors, for example, each have scores of licensing and promotional deals in place—
from Disney Toys to Goodwrench Tools.
INTRODUCTION
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