Use it (every two years), or lose it (forever)--Tennessee's Personal Rights Protection Act and the post-mortem right of publicity

University of Memphis Law Review, The, Fall 2002 by Bodette, David C

The legislature apparently believes, however, that a decedent's right of publicity is not worth protecting unless it is commercially exploited by the decedent's heirs every two years for monetary gain. It is foreseeable that, in a mere twenty-four month period, the legal owners of Presley's right of publicity may not have an opportunity to exploit his persona commercially. Must the right of publicity be given up because it was not exploited? If the right of publicity is a personal property right, then it should not matter how the legal owners use it. This analogy begs the question: If Presley's heirs do not drive his cars for two years, should they be forced to give them away?

DAVID C. BODETTE*

* J.D., 2002, The University of Memphis Cecil C. Humphreys School of Law; B.S., 1999, The University of Notre Dame. The author is currently employed as an associate at Bernstein Law Office in Memphis, Tennessee. The author thanks Professor Daniel Wanat for all his advice and insight throughout this project.