Chapter 4: Right of Privacy (Publicity) Law: Maryland

Intellectual Property for Maryland Business and Litigation Lawyers: Second Edition

Blank Rome LLP Partner Brian Wm. Higgins authored the chapter on “Right of Privacy (Publicity) Law: Maryland” for the handbook, Intellectual Property for Maryland Business and Litigation Lawyers: Second Edition (Maryland State Bar Association, 2019).

In his chapter, Brian discusses the origins and development of Maryland’s right to privacy (publicity) law under the common law and compares it to the laws of other states. The chapter also discusses 1) right to privacy (publicity) law relating to celebrities, public figures, and military personnel; 2) postmortem right of privacy (publicity) laws and legislative efforts in Maryland related to right of privacy (publicity) law; 3) a comparison of right of privacy (publicity) laws with copyright and trademark laws; and 5) right to privacy (publicity) litigation, including the elements of a cause of action in Maryland, forum/venue issues, pleading requirements, and potential defenses.

This handbook is an essential, up-to-date and highly practical resource that explains everything about intellectual property law to business lawyers, litigators, and business persons who need to understand patents, trademarks, copyrights, and other forms of intellectual property. Written by experienced practitioners and educators, the handbook provides useful and fundamental knowledge that explains in an easy-to-digest way the fundamentals of this sometimes difficult topic. The handbook also serves as a concise research tool as well as a starting point for further analysis.

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