The Use of Dead Celebrities in Advertising and Marketing: Balancing Interests in the Right of Publicity

Celebrities have long been used in advertising and merchandising, but state law has evolved in recent decades to protect them from unauthorized uses, including, in some cases, unauthorized uses after their death. This paper examines the developing practice of using deceased celebrities in advertising and merchandising, including celebrities that have been "reanimated" using modern technology. It suggests that the law currently favors celebrity heirs over consumers and fans. It offers a proposal to balance the interests of heirs with those of consumers/fans by allowing postmortem protection of trademarks, copyrights, and authorized uses, but also allowing unauthorized uses unless they are likely to deceive consumers regarding authorization.