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| Authored by: Anonymous on Monday, October 22 2012 @ 11:16 AM EDT |
| What's the duration on copyright again? [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, October 22 2012 @ 03:06 PM EDT |
It's about the "right of publicity", a separate right. In
some legal theories it's related to the right to privacy.
In any event, the general idea is that nobody can imply that
you endorse their product (e.g. by using a photo of you in
their advertising), without your permission.
California, home of Hollywood, has particularly strong,
clear laws granting a "right of publicity". The Einstein
case, however, was decided under New Jersey law. (The
plaintiffs of course argued that California law should
apply, but the judge disagreed.) New Jersey has no statute
stating how long publicity rights last after death, so this
court had to make something up. The answer: at most 50
years.
This decision isn't much of a precedent: a federal judge in
California trying to interpret New Jersey common law. The
plaintiff may choose to appeal... it'll be a long time
before the question of postmortem publicity rights is
settled.[ Reply to This | Parent | # ]
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