Flaster Greenberg shareholder Daniel Markind authored an article in the New York Law Journal analyzing the legal rights associated with an individual’s name after death, using the ongoing Gaza conflict and recent advocacy efforts as a case study.
The article, “Names After Death: Post-Mortem Rights of Publicity in the Context of the Gaza Conflict,” examines how the legal doctrine of post-mortem rights of publicity protects a deceased person’s name, likeness, and identity from unauthorized commercial or ideological use.
Markind focuses on a dispute involving the Lemkin Institute for Genocide Prevention, a Pennsylvania-based nonprofit that has taken public positions accusing Israel of committing genocide in Gaza while using the name of Raphael Lemkin, the jurist who coined the term “genocide” during World War II. Lemkin’s heirs have filed a formal complaint seeking to prevent the organization from continuing to use his name, alleging false endorsement, identity misappropriation, and violations of post-mortem publicity rights.
The article explains that post-mortem rights of publicity are governed by state law and vary widely by jurisdiction. In New York and Pennsylvania, these rights survive for 40 years, while in California they extend for 70 years. New Jersey, where Lemkin’s heirs reside, recognizes such rights under common law rather than statute.
Markind also reviews key precedent, including litigation involving the estate of Albert Einstein, in which a federal court applying New Jersey law recognized post-mortem publicity rights but limited their duration. The analysis highlights how similar legal principles may apply to the Lemkin family’s effort to protect Raphael Lemkin’s legacy.
The article concludes that disputes over post-mortem publicity rights are likely to grow as political advocacy groups, nonprofits, and commercial entities increasingly invoke historical figures to support modern causes.
Read the full NYLJ article here for a deeper look at how post-mortem rights of publicity are being tested in a high-profile international dispute — and what it means for the future of name, likeness, and legacy protection.
