By Peter Colin, Jr.
If you represent an entertainer or other public figure with a marketable likeness or their family/heirs, you should start including posthumous personality rights in your estate planning.
Most recently, this issue arose has after the 2016 passing of Prince in Minnesota. Soon after his death, Prince merchandise that appeared to be unlicensed was readily available for purchase. The Minnesota State Legislature reacted with the PRINCE Act, though the Legislature retracted the bill after it received criticism for entrenching on the First Amendment and exerting overbroad control of publicity rights that would really benefit professional sports entities looking for more control over publicity rights of athletes.