If anyone would like a reminder of why we need a federal right of publicity law in this country, let me offer up the new Marilyn Monroe decision as Exhibit A. On Aug. 30, the 9th U.S. Circuit Court of Appeals held that Monroe's estate could not assert rights in the actress' name and likeness under California law (rights that reportedly fetched $27 million last year alone), because the estate previously represented that Monroe was domiciled i...
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