Endorsements, Advertisements and Grave Robbers: Why States Must (Further) Extend the Right of Publicity beyond Death
Michael R. Patrone
Harvard Law School
April 4, 2011
The right of publicity is very valuable, and our States must afford this right the protection it deserves whether or not its owner is alive; the right must survive the death of its original owner. This paper outlines the history of the right and its current legal treatment in California, New York, Georgia, and Florida. Additionally, the paper analyzes economic and policy justifications for extending the right and considers a potential model statute. Finally, the paper addresses federal estate taxation treatment for this property right.
Number of Pages in PDF File: 22working papers series
Date posted: April 5, 2011 ; Last revised: May 2, 2011
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