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Post-mortem publicity rights: can you help?

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

The IPKat's friend Janice Trebble wonders whether the collective wisdom of the IPKat's readers is as good as legend has it.  She writes:

"I am researching the matter of post mortem personality rights. I am aware that in Germany there was a decision a couple of years ago about MARLENE DIETRICH which has effectively put a ten year limit on personality rights after the death of a celebrity. I am trying to find out how this is dealt with in other countries. 

I?d be grateful for any help that the IPKat's readers can give. I regret that there is some time pressure on this".

The IPKat says, if you can assist, please email Janice here. Since there's a holiday weekend approaching, sooner rather than later would be hugely appreciated.

More on Marlene Dietrich here
See also Guido Westkamp (Queen Mary, University of London, UK), "Post-mortem protection and domain name use", [2007] JIPLP 720, a note on In Re Kinski-Klaus.de, German Federal Court of Justice (BGH), I ZR 277/03, 5 October 2006 ("Personality rights cannot be exercised, as far as a commercial exploitation of a person's name is concerned, after 10 years from the death of the person").

Full post as published by IPKat on April 08, 2009 (boomark / email).