Tuesday, January 19, 2021
 

Artists Beware: More Dead People Getting Rights of Publicity


socrates

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: , , , , , , , , , ,

Comments

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

     
     
 
Legal

Clancco, Clancco: The Source for Art & Law, Clancco.com, 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 Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

Switch to our mobile site