Friday, June 16, 2017

New York State about to expand its right of publicity law


Electronic Frontier Foundation warns that New York State is on the verge of a dangerous expansion of “right of publicity” by state law, on this post by Daniel Nazer June 12.
 
The bill would make the right of publicity inheritable, as part of an estate.
Think about it.  That makes no sense.  My father was probably a minor public figure in his own right, but my own life has taken a totally different turn, partly because of the effect of decades of history passing.. I would have no reason to “need” his.



The bill could enable litigation for Internet postings that obvious reach other states.
 
Even so, I doubt that the bill would present a practical threat in political commentary.  It might make it more dangerous to advertise certain products or services in a way that implies connection to a past public person.

I believe right of publicity is covered by Section 230.

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