Saturday, March 2, 2024

Artists Beware: More Dead People Getting Rights of Publicity


They already do, but not in all states. However, as this brief article points out, some states (like Arizona and Massachusetts) are granting certain dead individuals certain “property” rights to their name, likeness, and at times, character. In legalese this is called, post-mortem rights of publicity.

In general, the test is whether the use of a dead person’s name or likeness is being used in a commercial manner. But again, as the same brief article notes, the tricky part comes in teasing out whether or not the secondary use is commercial or not.

If you’re interested in reading more about this, here’s a great website just on this topic, conveniently called, Right of Publicity. Enjoy!


Tags: , , , , , , , , , ,


No comments so far.
  • Leave a Reply
    Your gravatar
    Your Name


Clancco, Clancco: The Source for Art & Law,, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to They are not the views of any other organization, legal or otherwise. All content contained on or made available through is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.

Switch to our mobile site