From Dracula To Drag Race: An Update On Right Of Publicity

By Saul Rostamian and Diana Hughes Leiden (September 29, 2017, 12:02 PM EDT) -- What do Kendall and Kylie Jenner, 1980s one-hit wonder Toni Basil, and the late jazz musician Thelonious Monk have in common? Each of them is currently involved in "right of publicity" lawsuits filed in California, highlighting the disparate ways that celebrities and others use the courts to protect against the commercial exploitation of their identities. With so many artists and entertainers congregating in Hollywood and throughout the Golden State, it is unsurprising that California's right of publicity statutes provide relatively broad protections and the possibility of recovering substantial damages. However, practitioners should pay close attention to the statutory requirements and keep in mind that the right of publicity laws of other states can come into play in critical ways as part of the choice-of-law analysis....

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