Tennessee Code 47-25-1104 – Exclusivity and duration of right

[Effective Until 7/1/2024]

(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.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 47-25-1104

Executor: A male person named in a will to carry out the decedent
Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
Individual: means human being, living or dead. See Tennessee Code 47-25-1102
Likeness: means the use of an image of an individual for commercial purposes. See Tennessee Code 47-25-1102
Property: includes both personal and real property. See Tennessee Code 1-3-105
Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105

(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) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, likeness, or image of any individual for commercial purposes by an executor, assignee, heir, or devisee to such use for a period of two (2) years subsequent to the initial ten (10) year period following the individual’s death.

Previous section

Next section

Part 11 Contents

LawServer

Tennessee Code 47-25-1104 – Exclusivity and duration of right

Terms Used In Tennessee Code 47-25-1104

Rocky McElhaney Law Firm

Lowery Lowery & Cherry

Delius & McKenzie, PLLC