Some states, including California, have enacted statutes regulating the right of publicity. Under Tennessee law, the right of publicity can survive the death of the individual, as long as the rights continue to be exploited, at least minimally, over every 2-year period. Elvis Presley's right of publicity continues to be controlled by the Presley estate by virtue of this statute.

Think about the image of a deceased celebrity such as Marilyn Monroe. Do you believe an individual's right of publicity should extend beyond the life of the individual? If so, what should be the duration of this right, or should it last forever?

Bookstores sell t-shirts bearing the image of William Shakespeare. Assuming Shakespeare's heirs could be identified, would they (or should they) have a cause of action? Would this raise First Amendment concerns?