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Quoted in article “Estate has no claim to blog posts about mom, Arizona appeals court rules”

Westlaw Journal Computer & Internet

The following is an excerpt:

Robin Reynolds’ blog posts about her mother’s dying process and “a fond Mother’s Day remembrance” were expressive works not written for commercial purposes, the Arizona Court of Appeals in Phoenix ruled.

Nicole (Nikki) Murray, a partner at Quarles & Brady in the firm’s intellectual property group, said, “TheReynolds decision highlights how the right of publicity, and especially the post-mortem right of publicity, varies across the country.”

Most states do not provide for this right post-mortem, according to Murray, who was not involved in the case.

“Even in those states that do recognize the right, the duration of the right varies based on the state,” she added.

Originally published in Westlaw Journal Computer & Internet, May 21, 2014

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