*Intangibles-Right of Publicity

Question 1

a) Elvis case:

Answer 1

right to publicity is descendible; as opposed to right to privacy

i) F: Foundation wanted to commercially exploit Elvis’ image/persona after death w/o authorization from his estate–>for estate
ii) Why have this right since it compensates rich people and doesn’t benefit public?
(1) Prof: shocked that there’s a RoPub; you have certain personal rights not to be defamed, privacy, etc. but the fact that the RoPub is alienable is weird

Question 2

(2) Rationale for Elvis holding:

Answer 2

(a) One may not reap where another has sown nor gather where another has strewn
(b) Celebrity is creating a valuable capital asset that will benefit heirs (like business)
(c) Public interest in freedom from deception re celebrities’ sponsorship/approval (Mickey Mouse?)
(d) Counter: stifles creativity/innovation