Sunday, May 18, 2014
Does the right of publicity survive death? It depends on whether it is a right to privacy or property. That distinction was the question that the Court of Appeals of Arizona decided recently. The family of Robin Reynolds attempted to force the removal of an article posted after her death that contained a picture of her. The lower court dismissed the right of publicity claim based on a lack of recognition of the right after death.
In Reynolds v. Reynolds, the court recognized a right of publicity after death. The court decided that the right is more akin to a property right than a right to privacy. However, the dismissal of the family's claim was affirmed.
See David A. Kluft, Privacy Or Property? Arizona Court Adopts Post-Mortem Right Of Publicity In Intra-Family Online Dispute, Mondaq, May 14, 2014.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.