77) A person's "celebrity" value can be quantified, securitized, sold, and assigned; the descendibility of publicity rights is merely one of the sticks in the alienable property interest celebrity has become.
174) In each of these examples, family members are using the descendibility and exclusive rights of intellectual property to fill in the gaps of defamation and privacy laws to positively shape the memory of the decedent.
543, 569-70 (2014) (arguing SCA prevents descendibility
of social networking accounts upon death); Borden, supra note 29, at 413 (describing SCA Section 2702's "voluntary disclosure provision" as most relevant to inheritance of digital assets).
Many jurisdictions have not yet considered the descendibility
603), constitutes a new, coordinated, and more comprehensive default regime covering antilapse and descendibility
issues in both testamentary and non-testamentary contexts.
The bill replaces the existing antilapse statute for inter vivos trusts with a new provision more broadly applicable to the descendibility
of future interests in both testamentary and inter vivos trusts; creates new provision in Ch.
98) Three particularly contentious issues that will be examined in detail here are the descendibility of the right, the parameters of the test of 'identity', and the jurisprudential basis of the right.
IV THE DIFFICULT PROPERTY PRIVACY DIVIDE--THE CONTROVERSY SURROUNDING DESCENDIBILITY
This is brought into focus by debates surrounding the descendibility of the right, that is, whether it can pass to, and so be enforced by, the heirs of a deceased celebrity.
113) It is this relationship with privacy law that has led to confusion surrounding the conceptual basis of the right and which has coloured much of the current debate about its extension, particularly whether the right of publicity is transmissible to heirs (that is, the descendibility debate).
119) This issue has divided courts considering common law publicity actions, (120) and the current statutory treatment of descendibility remains ad hoc, with considerable inconsistency between state regimes.
Felcher & Rubin, The Descendibility
of the Right of Publicity: Is There Commercial Life After Death?