Local Intellectual Property Expert Reacts to New Hampshire Case
JD Salinger’s son is trying to protect his dad’s image after the author of ‘The Catcher In the Rye’ passed away but his efforts have hit a snag.
A law proposed in New Hampshire that would help keep his father's image private has been vetoed. Several paparazzi-type photos of Salinger have appeared on t-shirts and Matt Salinger is trying to protect his father's image.
Jonathan Faber, founder of Indianapolis-based licensing and intellectual property firm Luminary Group helped with the New Hampshire law and says Salinger may have other avenues to pursue. "Although a statutory right of publicity would have been the right tool for the job so it's unfortunate this bill didn't go through."
Faber says right of publicity laws vary from state to state and adds a federal law covering these issues could be good. "But my concern is that the playing field isn't exactly level when it comes to lobbying and the input that different parties have in shaping what this language ultimately looks like."
Faber says there is one big issue with any possible federal law. "There are very well organized and well funded lobbying efforts coming from the video game industry andthe movie industry among others that they would love to live in a world where they don't have to recognize these rights of publicity."
Faber says Indiana's law is very good, he actually authored the bill that went into effect a few weeks ago.