In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause of action remains controversial. Among other things, the propriety of uniting privacy and publicity interests has come into dispute.
Wendy J. Gordon, Draft for From Privacy to Publicity (Jun. 6, 1991) (unpublished manuscript).