Tupac’s Holographic Image Raises Issues That Relate to Your Client
The holographic image of Tupac at Coachella has the music world talking. The image also provides some discussion for legal circles. The holder of the “right of publicity” had to authorize the use of Tupac’s image and likeness for commercial purposes. Tupac’s estate owns the right, and his mother, the executor, controls the right. She more than approved of the use of his image, and was thrilled with the response.
The Tupac appearance could be the beginning of a slew of celebrity holographic performances. Some of the top celebrity candidates for holographic appearances include Elvis, Marilyn Monroe, Amy Winehouse, Whitney Houston, or Michael Jackson. Michael Jackson’s estate might be of particular interest because unlike other celebrity musicians’ estates, his family does not control his estate. Professionals control Jackson’s estate, and these professionals possess the right to agree to a holographic image even if the family does not like the idea. This division of family interest in the matter and the control in the hands of professionals could lead to some fighting.
While many standard clients probably won’t be concerned about an use of their image to such a large degree, these issues can remind your clients that they also have names and reputations that will live on after they pass away. Clients should consider how they would like that legacy to be managed, even if they are not concerned about holographic images after their death.
See Danielle & Andy Mayoras, How Does Tupac’s Hologram Relate To Your Clients’ Estate Planning?, Financial Planning, Apr. 24, 2012.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.