(1) The General Assembly recognizes that a person has property rights in his name and likeness which are entitled to protection from commercial exploitation. The General Assembly further recognizes that although the traditional right of privacy terminates upon death of the person asserting it, the right of publicity, which is a right of protection from appropriation of some element of an individual's personality for commercial exploitation, does not terminate upon death.
(2) The name or likeness of a person who is a public figure shall not be used for commercial profit for a period of fifty (50) years from the date of his death without the written consent of the executor or administrator of his estate. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 263, sec. 1, effective July 13, 1984.
Notes of Decisions
Montgomery v. Montgomery, 60 S.W.3d 524 (Ky. 2001).
· cites it 19× “In so doing, the trial court found in pertinent part that the common-law right of publicity is not inheritable and that Harold was not a "public figure" within *527 the meaning of KRS 391.170. Specifically, the trial court concluded that a "public figure" was a person who had…”
Roberts v. Girder, 237 F. Supp. 3d 548 (E.D. Ky. 2017).
· cites it 2× “See also Restatement (Second) of Torts § 6521; KRS § 391.170. As plead, the complaint alleges no facts as to how Bom-be or Willman were defamed or how their privacy rights were invaded.”
Mineer v. Williams, 82 F. Supp. 2d 702 (E.D. Ky. 2000).
· cites it 4× “In addition, plaintiff overlooks Ky.Rev. StatAnn. § 391.170 (Michie 1999), which was enacted in 1984 to protect that aspect of the right of privacy known as “the right of publicity.”
Thornton v. W. & S. Fin. Grp. Beneflex Plan, 797 F. Supp. 2d 796 (W.D. Ky. 2011).
· cites it 2× “2001) analyzed whether an individual’s voice or image was appropriated for "commercial profit” under the statutory right of publicity, KRS § 391.170, as opposed to common law tort of appropriation of name or likeness.”
Acosta v. Lexington Golf & Travel, LLC (E.D. Ky. 2021).
· cites it 2× “, Kentucky’s statutory right of publicity, Ky. Rev. Stat. § 391.170, et seq., and various breaches of common law duties.”
— Ky. Rev. Stat. § 391.170(2) — 1 case
Montgomery v. Montgomery, 60 S.W.3d 524 (Ky. 2001).
“In so doing, the trial court found in pertinent part that the common-law right of publicity is not inheritable and that Harold was not a "public figure" within *527 the meaning of KRS 391.170. Specifically, the trial court concluded that a "public figure" was a person who had…”
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