Death in Venice

The right to privacy – any person has the right of being protected in regard to name, image, and likeliness. Third party rights of people being depicted in video images or photographs have to be cleared before any usage, in addition to the copyright of an image. Prevailing legal norms of the country in which the person resides dictate any possible usage in regard to personal rights, but not the legal position of the country in which a publication is intended and as we find it with copyright laws. However, what would the legal situation be after a person has passed away?

Well, that depends on where and when a person died:
Where? Regulations act in accordance with the country in which the deceased spent most of his/her recent life, however this might not be the persons nationality or registered residence.
When? Almost every country appoints different terms when it comes to the period of time, in which relatives of a deceased person have the right to and may agree to a publication. In Germany, the time span is set at just 10 years, while successors in Spain can intervene for up to 80 years after the death of a person. In contrast, England, France, and Japan do not offer any protection in regard to postmortem personal rights for the publication of imagery. The USA leaves posthumous rights of publicity at state level – New York does not recognize any rights, while California law provides 70 years, and Indiana even 100 years of protection after a persons death.

Now, what if somebody lives and dies in Venice? As often found in the typical world of law, there is no definite answer. In theory Italy, as well as Russia, have not yet set any specific time limit for postmortem personal rights. However depending on the usage of the imagery and complexity, there are many ways to make it happen and to receive third party rights clearance without extensive roadblocks.
We are here to help.

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