For a celebrity, either living or deceased, the right to exploit his or her image can be an extremely valuable commodity. Companies such as CMG Worldwide have demonstrated this concept for years. With the advent of emerging technologies, such as holograms, the ways in which a celebrity (or a celebrity’s estate) controls his or her image are ever changing. Now performers like Michael Jackson, who passed away in 2009, can appear at the 2014 Billboard awards and Tupac, who died in 1996, can appear at the 2012 Coachella Valley Music & Arts Festival.
Celebrities are even accounting for these emerging technologies as part of their estate planning. For example, as part of his estate, the late Robin Williams “signed over his name, signature, photograph and likeness to the Windfall Foundation, a charitable organisation set up by his legal representatives.” Consequently, his image could be restricted until at least August 11, 2039. These limitations could even include its use in holograms.
As of the date of this publication, Williams’ estate is the subject of an ongoing case in Superior Court, San Francisco County (California). To read more about the Robin Williams case visit:
http://www.newsday.com/entertainment/celebrities/robin-williams-children-widow-due-back-in-court-for-estate-dispute-1.10785378
To read more about the emerging hologram technology visit:
http://www.hollywoodreporter.com/thr-esq/hollywood-hologram-wars-vicious-legal-798401
Ross A. Carbone, Esq. is an associate in the Corporate practice group of the law firm of DLA Piper LLP (US).