California Extends the Rights of Publicity to Heirs: A Shift from Privacy to Property and Copyright Principles

Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California\u27s new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity\u27s image to heirs and concludes that the California statute should serve as a model for other states