Yes, Elvis's family still controls his name. The right to make money from a famous person's name doesn't just disappear when they die; it gets passed on to their heirs, like any other property. The court said that a person's fame is valuable property they worked hard to create, and it would be unfair to let others profit from it for free after their death. HOWEVER, the court also said the Presley family might have waited too long to complain. They knew the fan club was using the name for over four years and didn't stop them. Because of this long delay, the court sent the case back to the lower court to decide if the family gave up its right to sue by waiting so long.

Yes, a famous person's right to control their name and image can be passed on after they die because it's like a special kind of property. The court said this fits with several important ideas in Tennessee law, like letting people decide what happens to their things after they die, making sure others don't unfairly make money off someone else's hard work, protecting what famous people and their families expect to happen, and preventing unfair business practices. But, the court said there were still some questions about whether the estate waited too long to complain, so they sent the case back to the lower court to look at that.

Yes, a celebrity's right of publicity survives their death and descends to their estate under Tennessee common law. This right is a form of intangible personal property that does not enter the public domain upon death. The court reasoned that the right of publicity is distinct from the right of privacy and is a proprietary interest rooted in the commercial value a celebrity builds in their identity. Recognizing this right as descendible is consistent with Tennessee's expansive view of property rights and serves several public policies, including protecting the right of testamentary distribution, preventing unjust enrichment, honoring a celebrity's expectation to create a capital asset for their heirs, and protecting the value of licensing agreements. Although the court established the descendibility of the right, it vacated the summary judgment because a material issue of fact existed regarding the International Foundation's defense of laches, as EPE had been aware of, and possibly acquiesced in, the International Foundation's use of the name for over four years before taking legal action.

Yes, a celebrity's right of publicity survives their death and is descendible under Tennessee law because it is a species of intangible personal property that can be possessed, controlled, and assigned. The court found that recognizing the descendibility of the right of publicity is consistent with several important policies deeply ingrained in Tennessee's jurisprudence, including an individual's right of testamentary distribution, preventing unjust enrichment, protecting the expectations of celebrities and their heirs, upholding the value of contracts, discouraging unfair competition, and preventing the use of deceptive trade practices. However, the court vacated the trial court's summary judgment due to unresolved issues regarding the International Foundation's defense of laches.

Elvis Presley Int'l Memorial Foundation v. Crowell

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