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New York Statute Recognizes Post Mortem Right of Publicity

Advertisement Le Morte d’Elvis: The Birth of New Claims as New York Statute Recognizes Post Mortem Right of Publicity Tuesday, January 19, 2021 Long before the birth of Elvis Presley in 1935, and even longer before his recent 86 th birthday on January 8, 2021, King Arthur was the legendary king of choice, and his story was most completely told in  Le Morte d’Arthur by Sir Thomas Malory. Hence, we embrace the paraphrased allusion in the title above, to both Arthur and the King of Rock-n-Roll, who despite his absence from the public stage since 1977 remains a brand. Thus, Elvis is a good example of what a lay person would call post-mortem publicity rights, as his brand remains one today valued at over $300 million. What is also interesting is the role Elvis and his estate can play in explaining the legal issues associated with whether post-mortem publicity rights are available in various jurisdictions.

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