With the recent deaths of Prince and David Bowie, there is greater focus on the process for monetizing the images and other intellectual property in celebrity estates. Recordings and music publishing are handled by national law while the individual states determine rights of publicity. Specifically, rights of publicity are normally given broad protection but states do vary on the executors’ rights. Accordingly, the monetizing of publicity rights for deceased celebrities requires careful estate planning, including planning for updated technology, identifying the celebrity’s intellectual property, due diligence in marshaling the property, maximizing revenue, and protecting against infringement. Additionally, an adapted estate plan should consider merchandising rights, and whether or not they are signed away through contract. A celebrity’s estate plan can fulfill their dreams of success after they are gone, but it must be done with precise planning.
See Derek Handova, How Do Estates Monetize Images and Intellectual Property of Dead Celebrities?, IPWatchdog, August 10, 2016.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.
