Overview

This book interrogates the legal and cultural dimensions of persona authorship, particularly in the context of publicity rights and the growing regulatory response to generative artificial intelligence (Gen AI). In an era of rapid technological advancement and evolving legal frameworks, this book provides a groundbreaking analysis of the intersections between text, authorship, and vocabulary. Through an innovative application of the “if value, then right” (IVTR) principle, the book deconstructs the shifting foundations of authorship in Western legal thought. It examines the persona as a cultural text unrecognized by copyright law, the hybrid nature of publicity rights authorship, and the influence of postmodern vocabulary on legal adjudication. Crucially, it critically engages with the exclusion of Gen AI from authorship, highlighting how legal doctrine, rather than objective artistic neutrality, determines creative legitimacy. Bridging copyright and trademark law, this book argues for a re-evaluation of the balance between persona authorship and cultural control, offering a compelling framework for understanding the future of intellectual property in the digital age. It challenges conventional narratives and proposes new pathways for navigating authorship in a technologically mediated world. The book will be of interest to anyone interested in the evolution of intellectual property law, the intersection between law and culture, and the impact of law and culture on the unique dilemmas posed by artificial intelligence.

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9781041073093

Table of Contents

Reviews

With eloquence and grace, Mira Moldawer offers her fresh, unique take on the evolution of the legal doctrine of publicity rights, examining its implications and applications across a range of intellectual property law, spanning traditional copyright and trademark law to cutting-edge applications of AI. Her exploration takes readers on a historic, multi-cultural tour that spans ancient Greece to modern America. This interdisciplinary work will fascinate readers interested in a wide range of topics such as creativity theory, law, cultural norms, and our current digital dilemmas. Prof. Roberta Rosenthal Kwall, Raymond P. Niro Professor of Intellectual Property Law; Founding Director of the Center for Intellectual Property Law & Information Technology, DePaul College of Law The book offers an original and interdisciplinary examination of the compelling issues surrounding publicity rights of public figures, with a focus on the intersection of intellectual property law, trademark law, and the right of publicity. The book explores how these rights have evolved from a marginal and negligible mutation into one of the most powerful rights in the digital 3A Era of automatic, autonomous AI and instruments of cultural and commercial control. Prof. Shlomit Yanisky-Ravid, PhD, Fordham Law School, Visiting Professor, since 2012 Yale Law School, Information Society Project (ISP), Professor Fellow, since 2011, Founder and Head of Graduate School ""Commercial Law, High-Tech, and Technology"", Co-President of Advanced Degrees Committee, The Founder and Academic Director, Shalom Comparative Research Institute, Eliyahu LAW and Technology Center, Faculty of Law, Ono Academic College

Author Information

Mira Moldawer (Ph.D., summa cum laude, Harry Radzyner Law School, Reichman University, Israel) integrates cultural studies and law over four decades. Holding a B.F.A. in theater and directing (cum laude) from Tel Aviv University, Israel, and an instructors course diploma from the Drama Centre in London, Mira is a senior acting instructor at Beit Zvi, School of the Performing Arts, Israel, and founder of Mira Moldawer Law Firm. Mira's research focuses on celebrity culture interfacing with intellectual property law and how both design each other.

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