Tabloids.

Michael Madow noted in his seminal article about publicity rights , Private Ownership of Public Image: Popular Culture and Publicity Rights, 81 Cal. L. Rev. 125 (1993), that “the tabloids are free to profit by keeping the world abreast of Bette Midler’s struggles to control her weight, but an automobile maker may not make unauthorized use of a Midler “sound-alike” in a television commercial”.

Others authors have also noted that the celebrity is not alone creating her famous persona: her agents, the studios, and even the fans’ enduring admiration all concur at creating commercial value , Stacey L. Dogan & Mark A. Lemley, What the Right of Publicity Can Learn from Trademark Law, 58 Stan. L. Rev. 1161, 1181 (2006). If I buy US at my local magazine stand, I not only enrich its editor, but also Britney, Jen , and Brad. I contribute to the building of the stars' image, in a positive or in a negative way.

Tabloids can damage the celebrity’s reputation, her image, and thus lower the commercial value of her publicity rights. When images of Kate Moss snorting cocaine circulated, Ms. Moss lost some modeling contracts. However, she quickly gained new ones, signed with brands eager to be associated with her drug-chic image.