On June 13, 2014, the Massachusetts Senate passed S. 2022, beginning the process of joining 13 other states that prohibit companies from using celebrities’ identities after they die. The bill amends Section 3A of Chapter 214 of Massachusetts General Laws, and creates a post-mortem “Right of Publicity” interest. The bill prohibits commercial use of the name, image, and likeness of a “personality” for 70 years after his or her death without written permission from either the personality or “persons who collectively own more than 50 per cent of the aspect of the personality’s right of publicity that was commercially used . . . .” “Personality” is defined as “an individual whose identity has commercial value.” To garner the bill’s protection, however, the personality must be domiciled in Massachusetts as of the date of his or her death.
Continue Reading Massachusetts Enhances Protections for Celebrities (and Others) After Death
Likeness
Italy: The Use of a Person’s Image
By Adam Snukal on
This post was written by Avv. Felix Hofer.
1. The general principle is that the use of a person’s image without his/her consent is basically prohibited (this even more if such use is performed for marketing or – in general – commercial purposes). In Italy the right on a person’s image is governed both…