Tennessee Code Annotated
Tenn. Code Ann. § 47-25-1104 (2026)
Exclusivity and duration of right
✓ current as of May 2026
- (a) The rights provided for in this part shall be deemed exclusive to the individual, subject to the assignment or licensing of such rights as provided in § 47-25-1103, during such individual's lifetime and to the executors, heirs, assigns, or devisees for a period of ten (10) years after the death of the individual.
- (b)
- (1) Commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased shall maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in this subsection (b).
- (2)
- (A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death.
- (B) For purposes of subdivision (b)(2)(A), "use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.
Amended by 2024 Tenn. Acts, ch. 588,s 5, eff. 7/1/2024.
Acts 1984, ch. 945, § 4.
Notes of Decisions
Cited in 2
cases, 1987–1987 · leading case: State Ex Rel. Elvis Presley Intl. Mem'l Found. v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1987).
State Ex Rel. Elvis Presley Intl. Mem'l Found. v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1987). “" Tenn. Code Ann. § 47-25-1103 (b) provides that this right is descendible.”
State ex rel. Elvis Presley Int'l Mem'l Found. v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1987). “” Tenn.Code Ann. § 47-25-1103(b) provides that this right is descendible.”
— Tenn. Code Ann. § 47-25-1104(a) — 1 case
State ex rel. Elvis Presley Int'l Mem'l Found. v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1987). “” Tenn.Code Ann. § 47-25-1103(b) provides that this right is descendible.”
— Tenn. Code Ann. § 47-25-1104(b)(2) — 1 case
State ex rel. Elvis Presley Int'l Mem'l Found. v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1987). “” Tenn.Code Ann. § 47-25-1103(b) provides that this right is descendible.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.