Endorsements, Advertisements and Grave Robbers: Why States Must (Further) Extend the Right of Publicity beyond Death

Abstract:     
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: 22

working papers series