Given the increased use of the Internet and social media in this

fast-moving age of information and technology, the right of publicity is

becoming more problematic at the state level. Thus, this article attempts

to persuade lawmakers and the public that the right of publicity

must be modifed to keep up with the fast-progressing times. What follows

is a detailed analysis of the right ofpublicity and an argument for

why the right should be a federal right. Drawing heavily on intellectual

property scholarship and case law, this article examines the issues

and benefits surrounding the right of publicity, and uses these to advocate

for a federal right. Various case examples are provided to assist

in exploiting the problems with the right ofpublicity remaining a statebased

right. Additionally, the article provides a detailed look at how

the right of publicity, as a state-based right, is conflicting with federal

laws. Finally, the article concludes with suggestions on how to craft a

solid federal right ofpublicity statute.