Santa Clara University School of Law professor Tyler Ochoa was quoted by Vulture on the right of publicity and copyright law. In the latest Star Wars movie, actor Peter Cushing (who died in 1994) was digitally recreated to appear in several scenes. Professor Ochoa commented on the legality of this recreation:
“It’s very likely that [the filmmakers] secured permission from Cushing’s estate or his direct heirs, because the laws regarding postmortem rights of publicity differ from state to state,” Tyler Ochoa, a professor at the Santa Clara University School of Law, told Vulture. “Two states expressly do not recognize a postmortem right of publicity, including New York, but among the states that do recognize, the period can range anywhere from ten years after the actors death, to 50 to 70 years, to 100. In one state, Tennessee, it’s even perpetual, thanks to a statute the Elvis estate got passed.”
