The New York appellate court dismissed the appeal, finding that even though the film was a dramatization that made changes to certain aspects of the story, it still addressed matters of public interest and acknowledged that it was a blend of fact and fiction; therefore, it was exempt from the right of publicity claim.
A.B. 5605 and S.B. 5959 would create a right of publicity for the life of a person plus 40 years after their death. It would bar the use of a person’s name, portrait or picture, voice, or signature (collectively, their persona) without written consent in advertising or for the purposes of trade (or fundraising).
H.B. 179 is a right of publicity bill that would make the unauthorized use of a person’s likeness a misdemeanor crime. There is a very limited exception to the right for use of a person’s likeness in “news, public affairs, or sports broadcast,” but not for any other media or other type of content.
H.B. 377 would create a right of publicity for the life of the person plus 70 years postmortem. There is an exception for non-commercial uses unless the “identity is used to create an unauthorized performance.”
A.B. 8155b and S.B. 5857b would amend New York’s existing right of privacy law to create a new right of publicity for the life of a person plus 40 years after their death. It would bar the use of a person’s name, portrait or picture, voice or signature — i.e., their persona — without their consent in advertising or for the purposes of trade. The new right is a property right that can be transferred and is inheritable. Name is defined to include a person’s nickname.
Plaintiffs Lohan and Gravano argued to rewrite New York Civil Rights Law Section 51 to include protections against the inclusion of “image,” “persona,” or “likeness” in any work for which a creator or publisher seeks compensation.
New York A.B. 8155 and S.B. 5857 would amend the state’s existing right of publicity law to extend the right to individuals post mortem and broaden the right beyond a person’s name, portrait, picture or voice.
Summary Louisiana HB 415 would create a right of publicity for the life of a person plus 50 years. The right applies to a person’s “identity,” which is defined as their name, voice, signature, photograph,...
New York A.B. 7904 and S.B. 5650 would create a right of publicity in a person’s name, voice, signature, image or likeness for any person deceased within the last 70 years who was domiciled at New York at the time of death. There is an exception for expressive use, but there is a “caveat” to this exception.
Alabama S.B. 197 would create a right of publicity in a person’s “indicia of identity.” There is an exception for expressive works, but for expressive works that are “a replica as to constitute a copy,” the exception is contingent on the use being protected by the U.S. and Alabama Constitutions.
Arkansas S.B. 79 would create a right of publicity in an individual’s name, voice, signature, image or likeness. Artistic use is exempted from the right, but only if the use is protected by the First Amendment.
New Hampshire S.B. 175 would create a right of publicity, explicitly giving individuals the right to control the use of his or her identity for 70 years in addition to their lifetime. An amendment to bill removed a section that allowed exceptions for works of or in the media.
