ABSTRACT
Post-mortem Right of Publicity (‘ROP’) statutes have grown from relative obscurity and of little value to a reliable source of nonwage income for those who are lucky enough to be the legatees of a famous now-deceased person. Unlike most other intellectual property rights, there is no federal ROP statute. Rather, an individual’s right of publicity – both while alive and post-mortem – is governed by state law. This has led to a widespread range of term lengths for this right among the states that have either common law or statutory post-mortem ROP rights. While there might be some value in them, if the post-mortem ROP term is too long or infinite, it can exacerbate the wealth disparities; famousness provides a multi-generational benefit to those who have done nothing to earn the fame they are now exploiting and are yet another avenue by which non-wage wealth accumulation moves upward …
Liebesman, Yvette Joy, The Rule Against Perpetual Celebrity (April 8, 2024), American University Law Review, volume 74, 2024.
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