Victims’ Rights or the Public’s Right to Know: Rethinking the Boundaries of the Right of Publicity in True Crime

Authors

Millicent F. Dye, University of Georgia School of Law

Abstract

Advancements in technology and the development of new online platforms have paved the way for true crime to become one of the most popular genres today. While some believe true crime content is akin to news reporting, others have raised ethical concerns and believe that victims’ identities should be protected by a right of publicity.  The key is to find a balance between protecting victims and protecting free speech. This Note explores the right of publicity laws in a select few countries and addresses the shortcomings of the current approaches. This Note asserts that certain true crime content must be protected by the First Amendment and that the United States must enact a federal right of publicity law that provides a test to determine whether true crime content is protected by the First Amendment or violates the subject’s right of publicity.

Recommended Citation

Millicent F. Dye, Victims’ Rights or the Public’s Right to Know: Rethinking the Boundaries of the Right of Publicity in True Crime, 33 J. Intell. Prop. L. 239 (2026).
Available at: https://digitalcommons.law.uga.edu/jipl/vol33/iss1/8