The closest U.S. privacy law comes to a legal doctrine akin to copyright is the appropriation tort, which prevents the use of someone else’s name or likeness for financial benefit. Unfortunately, the law has developed in a way that is often ineffective against the type of privacy threats now cropping up. Copyright primarily functions as a form of property right, protecting works of self-expression, such as a song or painting. To cope with increased threats to privacy, the scope of the appropriation tort should be expanded.
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