Administering a Deceased Personality's Rights: A Practitioner's Guide to Descendibility, Registration, and Licensing
By Casey Scott McKay ·
This guide runs a deceased personality's rights from the first month of administration through a mature licensing program. It begins with the domicile evidence that determines whether an asset exists at all, then covers the descendibility analysis, the registration filings that are preconditions to enforcement in some states, and reading the will for a right that may pass under the residuary. It works through consolidating fractional interests before they disperse, building the trademark layer under an expiring publicity term, calendaring copyright termination windows, and separating the archive from the rights. Later stages cover the licensing policy, approval and quality control, digital replica consent, valuation and the estate tax problem, and enforcement sequencing. It closes with what to do when no descendible right exists.
IP and Technology > Right of Publicity | Guide | Published 22 May 2024 - Updated 1 December 2025 | Casey Scott McKay - marksy.us
Summary. This guide runs a deceased personality's rights from the first month of administration through a mature licensing program. It begins with the domicile evidence that determines whether an asset exists at all, then covers the descendibility analysis, the registration filings that are preconditions to enforcement in some states, and reading the will for a right that may pass under the residuary. It works through consolidating fractional interests before they disperse, building the trademark layer under an expiring publicity term, calendaring copyright termination windows, and separating the archive from the rights. Later stages cover the licensing policy, approval and quality control, digital replica consent, valuation and the estate tax problem, and enforcement sequencing. It closes with what to do when no descendible right exists.
Keywords: estate administration, domicile evidence, descendibility analysis, statutory term, registration filing, testamentary devise, residuary clause, intestate distribution, fractional interests, consolidation entity, trademark layer, copyright termination windows, archive and physical property, licensing policy, approval rights, quality control, non-use termination, digital replica consent, valuation and estate tax, enforcement sequencing
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