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There’s a nice summary of publicity rights lawsuits over at TechDirt and I also highly recommend the underlying article which discusses the history of publicity rights from assorted viewpoints (including an appearance by Indianapolis attorney Jonathan Faber).

Indiana has some of the most expansive publicity rights laws in the nation.  Indiana grants rights to an individual and his agent for 100 years after death, and the protections cover use of a person’s name, voice, signature, photograph, image, likeness, distinctive appearance, gesture and mannerisms.

“There are a lot of reasons publicity rights battles seem to be growing: more laws, plaintiff-friendly jurisdictions, no consistent bright-line rules about what plaintiffs have to show, and a newfound sensitivity prompted by the digital age.”