Re: Rights in real characters

On the tail of an excellent contribution to our continuing right of publicity thread, John Allison <allisonj[_at_]mail.utexas.edu> wrote:
>
> And the right of publicity is the only privacy tort
> that survives the subject's death.

I think of rights of publicity more as a trademark/unfair competition kind of claim than as a privacy tort.

Note that rights of publicity do not necessarily survive the subject's death. Some jurisdictions expressly hold that such rights are not descendable, others that they are descendable only if they were exploited by the subject during his/her lifetime.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Mon Aug 11 1997 - 16:25:19 GMT