Elvis Presley International Memorial Foundation v. Elvis
Presley Memorial Foundation
733 S.W.2d 89 (1987)
EPIMF and EPMF were both
nonprofit corporations dedicated to selling Elvis paraphernalia. EPMF sued
EPIMF for unfair competition, to prevent it from using the name
"Elvis Presley."
Elvis Presley's estate
argued that they had given the right for EPMF to use the name and had not
given the right to EPIMF.
EPIMF argued that Elvis
Presley's image entered the public domain after his death, so they didn't
need anyone's permission to use it.
EPMF argued that Elvis
Presley's name and image are descendible.
Descendible means that the property (here the right to
use his likeness) is inherited by his heirs after death.
The right to control one's
likeness is called a right of publicity.
The Trial Court found for
EPMF. EPIMF appealed.
The Appellate Court affirmed.
The Appellate Court found
that, under Tennessee law, a person's right of publicity is descendible property.
The Court recognized that a
celebrity's right to publicity can
be possessed, used, subject to a contract, sold, or assigned. It is
unquestionably an intangible personal property with economic value.
The Court suggested many
reasons for why the right to publicity is descendible:
If it's a property right in
life it must be a property right in death.
Otherwise it would allow
"one man to reap what another has sown."
A celebrity operates with
the expectation that he is leaving a valuable asset for his heirs.
The value of contacts to
use a celebrity's likeness would lose value if their likeness entered
the public domain upon death.
It prevents manufacturers
from deceptively claiming a dead celebrity endorsed their product.
The concept of the right of
publicity is a relatively recent
offshoot of the right to privacy.
See Zacchini v.
Scripts-Howard Broadcasting Co. (433
U.S. 562 (1977)).