The invention that resulted in the Rights of Privacy and Publicity -
Lexology

Have you ever wondered from where this set of rights arose and why?  You
cannot find them written out in the Constitution, and you do not find our
Founding Fathers discussing them.  It all started in 1890 when two legal
scholars, Samuel Warren and Louis Brandeis (who later became renowned
Supreme Court Justices) wrote a*Law Review* article entitled “The Right to
Privacy.”  This *Law Review* article had a profound effect and as a result,
four new torts under the banner of Right of Privacy came to be, and a few
years later the Right of Publicity began its evolution as an offshoot.

What prompted Warren and Brandeis to write their *Law Review* article?  Did
it appear out of thin air?  What threat motivated these gentlemen to feel a
need to articulate this new doctrine and protection?  It was the
development of a nefarious, threatening and dangerous device, the *hand-held
camera.*


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