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California amends its right of publicity statute, adding provisions for soldiers and others who become famous due to death

July 1, 2010 2 Comments »
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More right of publicity news from California, this time with an interesting correlation to those who serve in the military.  California bill ABA 585 was passed by the California legislature in June, 2010, extending post-mortem right of publicity recognition to those who might have become famous because of their death.  The bill will go into effect in 2011.    

This is significant because while the existing 3344.1 of the California Civil Code provides a 70 year term of post-mortem protection, it is for those who meet the criteria of personalities:  “any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death.”  This would suggest that those who are not personalities at the time of their death might not be eligible for protection under the prior version of the California statute.  The new bill clarifies this point by adding that “personalities” includes those “whose name, voice, signature, photograph, or likeness has commercial value…because of his or her death.”    

The bill was sponsored by former Marine and current Assemblyman Paul Cook, because of the recent emergence of websites selling T-shirts with names of American soldiers killed in the Iraq War.  Other states have enacted similar provisions in recognition of soldiers or others who become famous because of their death, including Arizona (Ariz. Rev. Stat. § 13-3726 (2009), Florida (Fl. Stat. § 540.08 (2009); Louisiana (La. Rev. Stat. § 102.21 (2009)), Oklahoma (Okla. Stat. tit. 21, § 839.1A (2009)) and Texas (Tex. Prop. Code Ann. § 26.001 et. seq. (2009)).  

The California statute was amended in 2007 to clarify or confirm that the statute’s provisions were retroactive to those who died before the effective date of the statute (1985).  Presumably then, the new bill’s provisions are retroactive as well.

 

 

 


2 thoughts on “California amends its right of publicity statute, adding provisions for soldiers and others who become famous due to death

  1. Fritz Koenig says:

    Assemblyman Paul Cook’s goal is not achieved by his new language. The T-Shirts he wanted to stop are political and newsworthy, and are therefore protected not only by the language of ABA 585, but by the First Amendment of the U.S. Constitution and California Constitution.

    From ABA 585:

    (2) For purposes of this subdivision, a play, book, magazine,
    newspaper, musical composition, audiovisual work, radio or television
    program, single and original work of art, work of political or
    newsworthy value, or an advertisement or commercial announcement for
    any of these works, shall not be considered a product, article of
    merchandise, good, or service if it is fictional or nonfictional
    entertainment, or a dramatic, literary, or musical work.”

  2. jfaber says:

    Thanks for the visitor who posted this comment. There are lots of angles available for response to the post, and I’d welcome hearing from a few visitors or a few of my students who recognize those angles.

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