Post-Mortem Rights

The New York Assembly introduced yet another right of publicity bill last week, Assembly Bill A08155. Such legislation is introduced almost every year in New York―focused on...

The proposed “Allen Toussaint Legacy Act” has passed another hurdle in the Louisiana legislature. The bill...

I finally got my hands on the complaint that was filed a few weeks ago by the Julia Child Foundation in California Superior Court. The Foundation holds the rights to Julia...

The Arkansas legislature has reintroduced a right of publicity bill in the state after last year's bill was vetoed by its governor.  Governor Asa Hutchinson was concerned about the bill's limits on free speech....

Yesterday, the Minnesota legislature introduced a rushed bill to protect a right of publicity in that state and particularly to extend post-mortem rights in that state.  The...

Alabama's Right of Publicity Act went into effect on August 1, 2015.  It is not yet clear what effect the law will have on the common law rights in the state.  Of most concern is the expansive language of the statute which includes both for-profit and non-profit uses of any indicia of...

In May of 2015, the New York Assembly and Senate both introduced bills that would add a post-mortem right of publicity to New York’s law.  The proposed term would be seventy years.  The bill provides a number of enumerated exceptions for expressive works, but it is still hotly...

Pages

The Book

Privacy Reimagined For A Public World

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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