My father was associated with a famous country-western singer for a number of years. His
picture has been used hundreds of times for promotion and merchandising. My father died
in 1968 but his image has been used till 2008. Is there any way to claim royalties or be able to receive funds for this use?
In short, yes. Tennessee has the BEST right of publicity laws in the U.S. in terms of survival of the right posthumously and other factors (guess why??). I'm not an expert on Tenn. ROP law so you should find a local expert but I doubt you can get damages going all the way back to 1968 because of either a statute of limitations or equitable principles. Good luck and be glad you are in Tennessee!
Maybe. As my colleague noted, because of Elvis, whose estate still generates more income than most living celebrities, TN does have a very strong right of publicity law that prevents the unauthorized use of someone's image for commercial gain, and it gives these rights in perpituity. But it does require continuous use, and there might be an issue of "laches" (a prejudicial delay in enforcing rights) if your father's estate, or your father's heirs, have never enforced these rights.
Don't wait any longer, see a TN entertainment litigator to discuss the facts of how and when your father's image has been used.
Although I do not necessarily agree with my colleague that Tennessee has the absolute strongest publicity rights in the country, it does sound like you may have a case. Consult with an entertainment attorney to give you a legal opinion and your options.
I think some would argue that California has the stronger right of publicity law, and certainly it is more defined by cases, but for sure Elivs had an impact, not only on Memphis and Graceland and Rock & Roll (of which he was The KING), but he lives on in perpetuity by statute in Tennessee. So, in the heart of Country music, you are in the best shape anywhere to try to assert your Dad's right of publicity. I think you are many years too late, but the specific facts will determine that. There are many good entertainment lawyers in Nashville, since it is the home base for so many country artists and country studios and labels. I would strongly recommend you contact Barry Shrum, http://www.attorneyqna.com/attorneys/37201-tn-barry-shrum-1706789.html, perhaps the best qualified (he certainly has a top notch reputation) for what you specifically want to do. He can and will give you a lot of help, particularly if you do have residual publicity rights to your Dad's persona. You did not mention a personal manager, and you will want to talk to Barry Shrum about that, as it will be a key link in your success or failure in this endeavor if you have residual rights to promote and monetize.
