Schadenfreude

Schadenfreude, the German term for taking pleasure in the misfortunes of others, is the focus of a well-researched and very entertaining article recently published by Prof. Drennan of the Southern Illinois University School of Law.

Below is a summary of the article as found on LexisNexis:

A commercial firm’s advertisement to sell its product features a caricature or manipulated image of a deceased celebrity engaging in an offensive act. … Nevertheless, often a celebrity (or her heir after death) can exploit the celebrity’s name, likeness, or identity for commercial purposes in many harmless ways, particularly after the celebrity’s death. … If one balances the interests of (i) the eccentric celebrity who desires to absolutely destroy her right of publicity; (ii) the fans who enriched the celebrity and want to be reminded of her image and work; and (iii) the heirs of the estate who have a financial interest in reasonably managing the commercial use of the decedent’s identity, the balance should tip in favor of the fans and the heirs. … However, when the “no disgraceful use” restriction actually reduces the value of the celebrity’s right of publicity, one might question whether persons entering into an arms’-length transaction would include a “no disgraceful use” restriction.

William A. Drennan, Wills, Trusts, Schadenfreude, and the Wild, Wacky Right of Publicity: Exploring the Enforceability of Dead-Hand Restrictions, 58 Ark. L. Rev. 43 (2005).