What are postmortem publicity rights?

They are the estate's right to control commercial use of a deceased person's name, voice, image, and likeness. New York's Civil Rights Law § 50-f recognizes a postmortem right for deceased performers and personalities, and other states differ. We establish and enforce these rights so the identity is not commercialized without authorization.

How does an estate authenticate works without ruinous liability?

Authentication has drawn costly litigation, which led some boards to disband. We structure the authentication process — entity form, disclaimers, procedures, and a catalogue raisonné approach — to reduce that liability while keeping the estate's judgment authoritative.

How do you structure an artist's foundation or estate?

It depends on the goals — preservation, scholarship, revenue, philanthropy. We consolidate the copyrights and publicity rights into the estate or foundation, then put gallery, licensing, and release agreements in place so the work is stewarded and the legacy funds itself.

What protects an artist's work from being altered or destroyed?

The federal Visual Artists Rights Act gives certain artists rights of attribution and integrity — including, in some cases, against destruction or distortion of a work — independent of who owns the physical piece. We advise estates on where those rights survive and how to enforce them.

Can we stop AI deepfakes of the artist?

Increasingly, yes. State laws like New York's § 50-f and the ELVIS Act, plus emerging federal frameworks such as the proposed NO FAKES Act, target unauthorized digital replicas and voice cloning. We pursue the available claims to take down imitations and enforce the estate's rights.

Practice - Art and entertainment - Artist estates

Artist Estates & Archives

Preserving an artist's legacy requires more than warehousing physical works. It demands the meticulous legal architecture necessary to manage postmortem publicity rights, authenticate provenance, structure gallery transfers, and defend against unauthorized digital replicas under emerging laws like the NO FAKES Act. We counsel the executors and foundations tasked with maintaining the cultural and financial integrity of an artist's life work.

Begin the matter Review the steps

Matter: Legacy stewardship
Register: Transactional
Counsel: Christopher Moye

Artist estates

Control the narrative

Postmortem publicity rights are highly jurisdictional.

The problem

An artist's legacy is worth what the estate can authenticate, control, and defend — and those rights have to be consolidated before the market and the imitators move.

Postmortem publicity rights, copyright in the work, authentication authority, and the integrity of the catalog are easy to lose to scattered ownership, an unmanaged market, or unauthorized AI replicas. The estate's value depends on bringing those rights together and governing how the work is released and used.

Principles Â· 01

How we draft the matter.

Every engagement is composed against these commitments. They shape the protections we add, the questions we ask, and the document that leaves the file.

Â§ 01

Control the narrative

Postmortem publicity rights are highly jurisdictional. We establish the legal frameworks to block unauthorized commercialization of the artist's identity.

Â§ 02

Provenance is paramount

The value of the archive rests on authenticity. We structure the careful authentication committees and catalog raisonné protocols.

Â§ 03

Strategic release

Flooding the market destroys value. We draft the gallery and dealer agreements that govern the measured release of posthumous works.

What we watch Â· 02

What can break the matter.

These are the terms, structures, and practical risks that usually decide whether the work holds when the file is tested.

EXECUTORFOUNDATION

Postmortem Publicity & Digital Replicas

Enforcing rights under the ELVIS Act, New York Civil Rights Law § 50-f, and the NO FAKES Act to block unauthorized deepfakes and AI voice cloning.

TRUSTEEDIRECTOR

Archive & Gallery Agreements

Negotiating the exclusive representation, exhibition, and consignment agreements that place the archive in the correct institutional and commercial contexts.

EXPERIENCEDFAMILY

Authentication Boards

Structuring the legal liability shields and operational frameworks for the committees tasked with authenticating works and issuing certificates.

The work Â· 03

Four steps. One engagement.

Each step is concrete; each step has a deliverable. The scope is defined, the matter moves, and the file closes.

01
Legacy Assessment
We inventory the physical archive, existing copyright registrations, and outstanding gallery consignments to establish a baseline of control.
02
Rights Consolidation
We secure and formalize the estate's ownership of all intellectual property, postmortem publicity rights, and digital likenesses.
03
Commercial Structuring
We negotiate the exclusive gallery representation agreements and licensing deals that will generate sustainable revenue for the foundation.
04
Vigilant Enforcement
We actively monitor the market and issue immediate cease-and-desists against unauthorized reproductions or digital replicas.

Proof

What stands behind the work.

What stands behind the work — credentials and representative engagements, stated plainly.

Authorship

Artist-estate and archive matters are handled by Christopher Moyé, Esq., who authors the firm's published writing on art law and estate planning.

Scope of practice

Postmortem publicity rights, copyright and archive consolidation, gallery and consignment agreements, authentication governance, and digital-replica enforcement.

How the work is run

We begin by inventorying the works, registrations, and consignments to establish what the estate actually controls before structuring its release.

Common questions

Questions clients ask.

Plain answers to the questions that come up most. If yours is not here, send the facts — we answer in writing.

What are postmortem publicity rights?: They are the estate's right to control commercial use of a deceased person's name, voice, image, and likeness. New York's Civil Rights Law § 50-f recognizes a postmortem right for deceased performers and personalities, and other states differ. We establish and enforce these rights so the identity is not commercialized without authorization.
How does an estate authenticate works without ruinous liability?: Authentication has drawn costly litigation, which led some boards to disband. We structure the authentication process — entity form, disclaimers, procedures, and a catalogue raisonné approach — to reduce that liability while keeping the estate's judgment authoritative.
How do you structure an artist's foundation or estate?: It depends on the goals — preservation, scholarship, revenue, philanthropy. We consolidate the copyrights and publicity rights into the estate or foundation, then put gallery, licensing, and release agreements in place so the work is stewarded and the legacy funds itself.
What protects an artist's work from being altered or destroyed?: The federal Visual Artists Rights Act gives certain artists rights of attribution and integrity — including, in some cases, against destruction or distortion of a work — independent of who owns the physical piece. We advise estates on where those rights survive and how to enforce them.
Can we stop AI deepfakes of the artist?: Increasingly, yes. State laws like New York's § 50-f and the ELVIS Act, plus emerging federal frameworks such as the proposed NO FAKES Act, target unauthorized digital replicas and voice cloning. We pursue the available claims to take down imitations and enforce the estate's rights.