RE: Assignment of the Right of Publicity

There is an excellent treatise on the Right of Publicity by McCarthy (the same McCarthy of trademark treatise fame) that I believe also contains forms. As each state has its own peculiarities, I would review any statutory or caselaw materials in the state(s) where the decedent was domiciled or died for additional pointers, as there are significant quirks from state to state.

I was involved in a contested case regarding the assignment of the descendible right of publicity under California law. There, the court found that a valid assignment had been made to the heirs through the residuary clause in the decedent's will, despite the absence of any reference to the "right of publicity" -- the thinking was that the right existed, and was transferred to somebody, so if it wasn't passed in the specific bequests, it must have passed in the residuary bequest.

That said, I think the better approach is specify assignment of the right of publicity to reduce avoid any challenge as to whom the right was assigned. And if you're talking about further assignment to a third party by one of the heirs (I wasn't clear on your question), I would think this would be a fairly straightforward matter -- devising "all right, title and interest" in XX's right of publicity under all applicable statutory or common law. But again, get the treatise and read the statute and caselaw.

Greg Ikonen

-----Original Message-----

From: Carol Watkiss [mailto:CWatkiss[_at_]rathjewoodward.com] Sent: Tuesday, January 07, 2003 6:23 AM
To: Multiple recipients of list
Subject: RE: Assignment of the Right of Publicity

Thank you for your response. A new statute allows the Right of Publicity to pass to heirs at death. I have been unsuccessful in locating a form for this type of assignment. Any form or drafting tips would be appreciated.

Sincerely,

Carol A. Watkiss

The Law Office of Rathje & Woodward intends that this electronic message be used exclusively by the individual or entity to which it is addressed. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, be aware that any disclosure, dissemination, distribution or copying of this communication or the use of its contents, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at 630-668-8500 and delete the original message from your e-mail system. Thank you. Received on Wed Jan 08 2003 - 17:41:06 GMT