§482P-2 - Property right in use of name, voice, signature, or likeness.
[§482P-2] Property right in use of name,
voice, signature, or likeness. Every individual or personality has a
property right in the use of the individual's or personality's name, voice,
signature, and likeness. The right shall continue to exist for a fixed period
of time after death, as prescribed in section 482P-4. This right shall be
freely transferable, assignable, and licensable, in whole or in part, by any
otherwise permissible form of inter vivos or testamentary transfer, including
without limitation a will or other testamentary instrument, trust, contract,
community property agreement, or cotenancy with survivorship provisions or
payable-on-death provisions, whether the will or other testamentary instrument,
trust, contract, community property agreement, or cotenancy document is entered
into or executed by the deceased individual or personality or by any subsequent
owner of the deceased individual's or personality's rights as recognized by
this chapter; or, if none is applicable, then the owner of the rights shall be
determined under the laws of intestate succession applicable to interests in
intangible personal property. The right exists whether or not it was
commercially exploited by the individual or the personality during the individual's
or the personality's lifetime. The right does not expire upon the death of the
individual or personality, regardless of whether the law of the domicile,
residence, or citizenship of the individual or personality at the time of death
or otherwise recognizes a similar or identical property right. This chapter is
intended to apply to all individuals and personalities, living and deceased,
regardless of place of domicile or place of domicile at time of death. In the
case of a deceased individual or personality, the rights recognized under this
chapter shall be deemed to exist at the time of death of any deceased
individual or personality or subsequent successor of their rights for the
purpose of determining the person or persons entitled to these property rights as
provided for in section 482P-3. [L Sp 2009, c 28, pt of §2]