Abstract
Misrepresenting a copyright infringement claim when sending a takedown request under 17 U.S.C. § 512(c) is currently the most effective way to protect against the unauthorized use of names, images, and likenesses, or the right of publicity, on the Internet. With the absence of meaningful federal protection, who wins the fight to protect the right of publicity online? This Note examines tolerating the misapplication of § 512(c) for the right of publicity, considers a congressional amendment to the Digital Millenium Copyright Act (DMCA), and then evaluates incorporation of the right of publicity into the proposed NO FAKES Act before recommending a private ordering framework to best protect against online violations of the right of publicity.
Recommended Citation
Dillon Ruzich,
Who Wins the Fight to Protect the Right of Publicity Through § 512(C) of the DMCA?,
50
S. Ill. U. L.J.
472
(2026).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol50/iss2/11