Appendix 6 Right of Publicity

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1 Last Updated: July 2016 Appendix 6 Right of Publicity Common-Law State Statute Rights Survives Death Alabama Yes Yes 55 Years After Death (only applies to soldiers and survives soldier s death) Alaska No No Arizona Yes Yes Yes Arkansas No No California Yes Yes 70 Years After Death Colorado No No Connecticut No No Delaware No No D.C. No No Florida Yes Yes 40 Years After Death Georgia No Yes Hawaii Yes Yes 70 Years After Death Idaho No No Illinois Yes No 50 Years After Death Iowa No No Indiana Yes No 100 Years After Death Kansas No No Kentucky Yes No 50 Years After Death Louisiana No No Maine No Yes Maryland No No Massachusetts Yes No Michigan No Yes Minnesota No Yes No Mississippi No No Missouri No Yes Montana No No No Nebraska Yes No Yes Nevada Yes No 50 Years After Death New Hampshire No No App. 6-1

2 STATE TRADEMARK LAW Common-Law State Statute Rights Survives Death New Jersey No Yes Yes New Mexico No Yes New York Yes No No North Carolina No No North Dakota No No Ohio Yes Yes 60 Years After Death Oklahoma Yes Yes 100 Years After Death Oregon No No* Pennsylvania Yes Yes 30 Years After Death Puerto Rico Yes No 25 Years After Death Rhode Island Yes No South Carolina No No South Dakota No No Tennessee Yes Yes 10 Years After Death and Continue as Long as Rights Are Utilized Every Two Years Texas Yes Yes 50 Years After Death Utah Yes Yes Yes (by common law, but not by statute) Vermont No No Virginia Yes No 20 Years Washington Yes No 10 for Individuals or 75 Years for Personalities West Virginia No No Wisconsin Yes Yes Wyoming No No The following states have not formally recognized a right of publicity. However, most of these states have recognized some form *No appeals court in Oregon has expressly held that common law rights exist; however, as noted in the Oregon chapter, section K, the Oregon Supreme Court has mentioned the right of publicity in dicta and a New York federal court has opined that Oregon would acknowledge such a right if it were to come up in litigation in Oregon. App. 6-2

3 APPENDIX 6 of privacy right. Where the states have recognized either the privacy tort of appropriation or one of Prosser s four rights of privacy, the state s highest court decision recognizing the right is listed. States which have not formally recognized the right of privacy or the tort of appropriation are listed without a corresponding case name. Alabama Alaska Arizona Godbehere v. Phoenix Newspapers, Inc., 783 P.2d 781 (Ariz. 1989) Arkansas Olan Mills, Inc. v. Dodd, 353 S.W.2d 22 (Ark. 1962) Colorado Joe Dickerson & Assocs. L.L.C. v. Dittmar, 34 P.3d 995 (Colo. 2001) Delaware Barbieri v. News-Journal Company, 189 A.2d 773, 774 (Del. 1963) District of Columbia Idaho Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998) Iowa Wingard v. Larson, 260 N.W. 816 (Iowa 1977) Kansas Froelich v. Adair, 213 Kan. 357 (Kan. 1973) Louisiana Maine Maryland Jaubert v. Crowley Post-Signal, Inc., 375 So.2d 1386 (La. 1979) Household Finance Corp. v. Bridge, 250 A. 2d 878 (Md. 1969) Mississippi Candebat v. Flanagan, 487 So.2d 207 (Miss. 1986) Montana Gilham v. Burlington Northern, Inc., 514 F.2d 660 (9th Cir. 1975) New Hampshire Remsburg v. Docusearch Inc., 149 N.H. 148 (2003). New Jersey Edison v. Edison Polyform Mfg Co., 67 A.392 (N.J. Ch. 1907). New Mexico Moore v. Sun Pub. Corp., 881 P.2d 735 (N.M. 1994). North Carolina Renwick v. News and Observer, 312 S.E.2d 405 (N.C. 1984) North Dakota Oregon Anderson v. Fisher Broadcasting Companies, Inc., 712 P.2d 803 (Or. 1986) South Carolina South App. 6-3

4 STATE TRADEMARK LAW Dakota Vermont Staruski v. Continental Telephone Co of Vermont, 581 A.2d 266 (Vt. 1990) West Virginia Crump v. Beckley Newspapers, Inc., 173 W.Va. 699, 320 S.E. 2d 70 (1983) Wyoming App. 6-4

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