The Celebrities Rights Act or Celebrity Rights Act was passed in California in 1985, which enabled a celebrity's personality rights to survive his or her death.[1] Previously, the 1979 Lugosi v. Universal Pictures decision by the California Supreme Court held that Bela Lugosi's personality rights could not pass to his heirs, as a copyright would have. The court ruled that any rights of publicity, and rights to his image, terminated with Lugosi's death.[2]
California Civil Code section 3344[3] is for the publicity rights of living persons, while Civil Code section 3344.1,[4] known as the Astaire Celebrity Image Protection Act, grants statutory post mortem rights to the estate of a "deceased personality", where:
that personality had been "any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death",[5]
any person using such personality's "name, voice, signature, photograph or likeness on or in products, merchandise or goods" without prior consent was liable to be sued for damages and profits arising from the unauthorized use,[6] and
such prior consent may only be given by persons to whom the personality had transferred such power by contract or trust prior to his death, or by trust or will after his death, or, where no such latter provision was made, his spouse, children, and/or grandchildren,[7] but
"a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work."[8]
In 1999, the period of protection was extended from fifty years after a person's death to seventy years.[9] Similar laws have been enacted by 12 other states in the United States.[10]
^"Friedemann O'Brien Goldberg & Zarian Names Bela G. Lugosi Of Counsel". Metropolitan News-Enterprise. Archived from the original on 2008-08-03. Retrieved 2008-04-20.
^"Who Can Inherit Fame?". Time. July 7, 1980. Archived from the original on September 30, 2007. Retrieved 2007-07-21.
^Cal. Civil Code § 3344
^Cal. Civil Code § 3344.1
^California Civil Code § 3344.1(h)
^California Civil Code § 3344.1(a)(1)
^California Civil Code § 3344.1(c)
^California Civil Code § 3344.1(a)(2)
^"California's amended right of publicity statute (California Civil Code § 3344.1)". Lexology. 2008-03-03. Archived from the original on 2016-03-04. Retrieved 2012-12-02.
^"Letter from Memphis". Studio International. 2003-05-30. Archived from the original on 2012-07-30. Retrieved 2012-12-02.
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