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Journal of Intellectual Property Law & Practice Advance Access originally published online on March 4, 2008
Journal of Intellectual Property Law & Practice 2008 3(4):224-225; doi:10.1093/jiplp/jpn025
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

California clarifies its posthumous right of publicity statute

Douglas E. Mirell
Loeb & Loeb LLP, Los Angeles

Senate Bill 771 (2007 Cal. Stat. ch. 439), signed 10 October 2007, effective 1 January 2008. Decisions affected: unpublished summary judgment orders entered in The Milton H. Greene Archives, Inc. v CMG Worldwide, Inc., United States District Court, Central District of California, Case No. CV 05-2200 MMM (Ex), filed 14 May 2007; and Shaw Family Archives Ltd. v CMG Worldwide, Inc., United States District Court, Southern District of New York, Case No. 05 Civ. 3939 (CM), 2 May 2007

The State of California has now clarified and confirmed that its 23-year-old posthumous publicity rights statute (Civil Code §3344.1, formerly §990) applies to deceased individuals who died before this law's original effective date of 1 January 1985, and that these rights may pass to beneficiaries designated in the residuary clause of such a decedent's will.

Correspondence: Email: dmirell{at}loeb.com


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