Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Tax Issues In NY Publicity Right Becoming Descendible
While some states, like California, recognize post-mortem publicity rights, New York had extended the right of publicity to living New Yorkers only. But as a result of state legislation A5605C/S5959D, signed into law on Nov. 30, 2020, and effective as of May 29, 2021, celebrities domiciled in New York who die after the effective date will be afforded post-mortem rights of publicity for 40 years after death. See, N.Y. Civil Rights Law §50-f.
The statute explicitly provides that those rights are property rights, freely descendible and transferable by the deceased or any subsequent owner, including by contract, gift, trust or any other testamentary instrument. In the absence of an express testamentary transfer, these rights will pass under a residuary disposition.
The law applies to celebrities: Subject to certain exceptions, deceased personalities (defined as those whose name, voice, signature, photograph or likeness has commercial value at the time of, or because of, their death) have a cause of action against anyone who uses those features for commercial purposes without consent. Deceased performers (actors, singers, dancers and musicians) can prevent unauthorized digital replicas.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.