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

22 Pages Posted: 5 Apr 2011 Last revised: 2 May 2011

Michael R. Patrone

Harvard Law School

Date Written: April 4, 2011

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.

Suggested Citation

Patrone, Michael R., Endorsements, Advertisements and Grave Robbers: Why States Must (Further) Extend the Right of Publicity beyond Death (April 4, 2011). Available at SSRN: https://ssrn.com/abstract=1802837 or http://dx.doi.org/10.2139/ssrn.1802837

Michael R. Patrone (Contact Author)

Harvard Law School ( email )

Cambridge, MA
United States

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