Right of Publicity: Remedies, Damages, & Estate's NIL Assets Valuation

Dr. Mark Farbman’s second Right of Publicity program begins with a discussion on the remedies available in a successful right of publicity infringement case, including injunctive and monetary relief. Summary tables illustrate the damages allowed in each state that recognizes a statutory right of publicity. The program's second half addresses the post-mortem right of publicity for estates, focusing on the income valuation method used in a detailed case study of Estate of Michael Jackson v. IRS, U.S. Tax Court (2021). The Jackson decision establishes a step-by-step method for determining the estate valuation of image and likeness (NIL) assets.