Authorization for Final Disposition
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Digital Planning Podcast: Funerals360
A Q&A guide to New Jersey right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity...more
A new post-mortem right of publicity bill that was signed into law by Governor Cuomo on November 30, 2020, will soon take effect on May 29, 2021. The new law recognizes post-mortem rights of publicity in New York for the...more
Long before the birth of Elvis Presley in 1935, and even longer before his recent 86th birthday on January 8, 2021, King Arthur was the legendary king of choice, and his story was most completely told in Le Morte d’Arthur by...more
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities...more
Elvis sightings have had a long, storied life of their own since the King of Rock-and-Roll’s “death” was reported (or perhaps exaggerated (though neither greatly nor grossly)), in 1977. Indeed, since 1977, it has been claimed...more
Earlier this month, New York’s governor, Andrew Cuomo, signed a bill that makes significant amendments to New York’s Civil Rights Law, which codifies rights of publicity and privacy in the State. In addition to adding a long...more
On November 20, 2020, New York Governor Andrew Cuomo signed into law Senate Bill S5959D, a law that is highly important for New York based recording artists, actors, and other celebrities. The new law recognizes post-mortem...more
Celebrities domiciled in New York State at the time of their death will soon have a transferable post-mortem right of publicity, bringing the law in New York closer in line to several other states, like California, that...more
On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and...more
The “right of publicity” generally prohibits the commercial use of someone’s name or likeness. There is no federal right of publicity; rather, the right is governed by state law. There is a patchwork of state laws that govern...more
In the Empire State, the right of publicity remains alive and well—including (soon) for celebrities who are, well, no longer alive. New York has expanded its nearly 120-year old statutory regime to provide a post-mortem right...more
On December 1, 2020, New York State Governor Andrew Cuomo signed Senate Bill S5959D (the Bill) into law. The Bill adds Section 50-f to the civil rights law, establishing a right of publicity for deceased performers and...more
The ability to control the use of one’s name, likeness, voice, and other personal attributes is known as the right of publicity. Unlike trademarks, patents, and copyrights, which are types of intellectual property governed...more
Addressing the issue of when the use of a celebrity’s likeness or persona in connection with a product constitutes a false endorsement that is actionable under the Lanham Act, the U.S. Court of Appeals for the Ninth Circuit...more