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Archived updates for Wednesday, November 30, 2005

Descendible Rights of Publicity in the U.S.

In "Rights of Publicity and Entertainment Licensing" (Practising Law Institute), Edward H. Rosenthal explains, among other things, that many U.S. states now recognize a descendible right of publicity, by explicit statute or under common law:
    • California - 70 years after death. California also provides for registration by the heirs. Cal. Civ. Code § 3344.1 (d), formerly codified at §990(d). (Also a common law right, according to the Federal Courts).
    • Connecticut - common law (Federal Court).
    • Florida - 40 years. But only if spouse, issue or bequest. S.A. § 540.08.
    • Georgia - common law.
    • Illinois - 50 years. 765 Ill. Comp. Stat. § 1075/1.
    • Indiana - 100 years. (Without regard to where estate is located, statute includes distinctive appearance, gestures and mannerisms). Code § 32-12-1 and
      32-13-1-1.
    • Kentucky - 50 years. R.S. § 391.170.
    • Nebraska - no stated limit. R.S.A. §§ 20-208, 202.
    • Nevada - 50 years (without regard to where estate is located). R.S.A. § 598.984(i).
    • New Jersey - common law (Federal Court).
    • Ohio - 60 years. Rev. Code § 2741.
    • Oklahoma - 100 years. Stat. Tit. 12 § 1448(G).
    • Tennessee - (Elvis Presley) statute extends for 10 years, and, if used during
      that 10-year period, extends indefinitely until 2 years of non-use. Code § 47-25-1104.
    • Texas - 50 years. Prop. Code § 26.012(d).
    • Utah - common law (Federal Court).
    • Virginia - 20 years. Code § 8.01-40.
    • Washington - 10 for all; 75 for persons whose identity has “commercial value”
The author also notes that the following states have rejected claims for a descendible right of publicity: Mass., N.Y., R.I. and Wis. by statute; Pa. by Federal Court decision;
and Ariz., La. and Wash. by defeating legislation proposing to enact it.
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2 Comments:

Blogger Bill Heinze said...

Bill --

I'm new to your I/P Updates blog -- very nice, by the way -- but I thought that you'd be interested to know that the material you reported on Nov. 30 about “Descendible Rights of Publicity in the U.S.” is inaccurate in (at least) one respect. In 2004, Pennsylvania enacted its own Right of Publicity law, codified at 43 Pa.C.S. § 8316. It provides for a right that survives for 30 years after death. (I realize that you were merely quoting from Mr. Rosenthal’s paper, but I still thought you’d be interested that it was out-of-date, at least in this respect.)

Although Pennsylvania’s statutes are (generally) not available online (except through Lexis-Nexis or Westlaw), here’s a link to the bill that was enacted: http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB0235P4677.HTM.

Tris Fall.

December 12, 2005 10:03 AM  
Anonymous Anonymous said...

^^Thanks!!

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April 07, 2009 4:00 AM  

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