Identity Appropriation and Wealth Transfer: Twain, Cord, and the Post-Mortem Right of Publicity

AA DiRusso, TJ McFarlin - ACTEC LJ, 2022 - HeinOnline
ACTEC LJ, 2022HeinOnline
… We suggest that circumstances like these are not isolated, but rather are indicative of
patterns of identity appropriation connected to issues of race and gender. Another example is
a post-mortem publicity claim brought in 2019 by Tamara Lanier against Harvard University. …
Though the brief nature of this essay does not permit a discussion of the policy arguments for
and against a post-mortem right of publicity generally, nor a full analysis of (1) whether Cord's
private life experiences, as used by Twain, should fall within the ambit of publicity law or …
History is replete with examples of discrimination against people based on race and gender, both during their lives and after their deaths.
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