I haven’t had a chance to read the complaint, but author Harper Lee has recently filed a lawsuit against a non-profit in her hometown that actively trades on both her name and elements of her bestselling novel.
In the coverage of the story, no mention is made of the Right of Publicity, though this legal doctrine is a central component in disputes like this. Apparently, the museum operates a gift shop–“The Bird’s Nest”–selling various consumer goods relating to her celebrated, and sole, work of authorship. The Museum’s domain name is www.tokillamockingbird.com.
Simply because an operation enjoys non-profit status or serves a certain degree of social utility such as a museum does not mean they have carte blanche to use someone’s Right of Publicity or trademarks.
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