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Wanted, Dead Or Alive: Publicity Rights

Law360 (November 3, 2008, 12:00 AM EST) -- “He was born in Kentucky,” goes the famous narrative of Aaron Copland’s Lincoln Portrait, “raised in Indiana, and lived in Illinois.” But if our 16th President were alive today and worrying about enabling descendants to exploit his celebrity commercially, he might well just stay in Indiana.

Marilyn Monroe, on the other hand, was born in California, grew up there, lived in both California and New York, and never set foot in Indiana.

A series of decisions, culminating in September with Judge Colleen McMahon’s decision in Shaw...
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