In this episode, Dustin Marlan, Assistant Professor of Law at the University of Massachusetts School of Law, discusses his draft article "Unmasking the Right of Publicity." Marlan describes the creation of the right of publicity by Judge Frank in Haelan v. Topps (1953), and the confusion that has long surrounded the justification for the right of publicity. He argues that Frank was influenced by the psychoanalytic theories of Freud and Jung, in particular the concept of the "divided self," consisting of a "true" inner self and a "false" outer self. Marlan observes that modern theories of the "intersubjective" self suggest that Frank's model may need to be revisited.

Keywords: right of publicity, psychoanalysis, Judge Jerome Frank, Jung, Freud, intersubjectivity, advertising, new media, social media, legal realism, persona, personality, Haelan Laboratories, self, identity

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