Friday, September 29, 2023

Postmortem Right of Publicity Statutes and the Dormant Commerce Clause

For the nerds out there, here’s a law student note on rights of publicity.

This Note argues that current state postmortem right of publicity statutes are unconstitutional under the dormant Commerce Clause. The dormant Commerce Clause doctrine is an implicit restriction within the Commerce Clause that prohibits states from regulating interstate commerce. The current patchwork of state postmortem right of publicity statutes violates the dormant Commerce Clause in two different ways.

More here.


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