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Recent actor deaths oct 20161/18/2024 While there are some requirements, such as registration for post mortem rights and that the identity must have some commercial value at death, the beneficiary still enjoys the right to control the celebrity decedent’s post mortem right of publicity under California law. The California statute provides that a deceased personality’s various indicia of identity may not be used in advertising without prior consent from the beneficiary for 70 years. California, for example, a state known for its celebrity-friendly laws, has an express post mortem statutory right. There are state statutes like Indiana’s which apply the right irrespective of the individual’s domicile at death. The state statute (or common law) post mortem right of publicity (if any) of the state in which the celebrity was domiciled at death governs under the majority approach. This is clearly different from other intellectual property rights such as trademarks, patents and copyrights which can be passed on to the rights holder’s beneficiaries. In this regard, there is great variance amongst the states, ranging from having the ability to fully transfer the right of publicity at death, to being silent on the issue. However, the same can’t be said when it comes to the inheritability or one’s ability to transfer the right of publicity at death. At least 30 states have established the personal right of publicity, either by statute or under their respective common law, or both. The analysis therefore turns on a state-by-state inquiry. There is no federal statute regarding the right. The right of publicity is the right to control the use of one’s identity, including his or her name, voice, image and likeness, or other indicia of identity. The short answer, unsurprisingly, is that it depends. Often overlooked, however, is the question of who controls celebrities’ publicity rights upon death. At death, however, that control was lost.Ĭelebrities routinely harness their “images” as a means of generating revenue, relying on intellectual property and right of privacy laws, including the right of publicity, to monetize their likenesses, performances, images, voices and identities in connection with advertisements. In life, the law allowed Prince to control the commercial exploitations of his image. The tragic death of renowned recording artist Prince left many reminiscing about his meticulously crafted public image.
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