Legal Question in Entertainment Law in New York

Re: Touring Memorabilia

The short answer is that it would in part depend on what else you display alongside the objects and what you put in any labels, descriptions, boards, etc. The nature of the objects, especially if they depict the celebrities is another important issue.

Celebrities enjoy the right of publicity or the right to prevent someone from using another's name, voice, or likeness in an advertisement or in merchandising without first getting a license. A distinction to be drawn here is between commercial and non-commercial use of a celebrity's image or likeness. However, different states have different rules on this issue, and what state law would apply normally would be a question of the celebrity's domicile. Generally, under New York law, there is no post-mortem right of publicity; so the right of publicity does not survive the death of the celebrity.

Non-celebrities have even stronger rights against being put on public display. If some of the exhibits were put together without the owners' knowledge or permission and intruded into their private affairs, privacy rights may also be implicated. New York privacy law prohibits non-consensual use of a person's image for advertising purposes.

Having said that, although your museum project may fall somewhere in between purely artistic and purely commercial, merchandising or advertising uses, you should be able to find some protection under the right to freedom of expression. The answer would lie in a careful examination of each object (or category of objects) and its specific facts and circumstances on a case-by-case basis. This area of law is evolving and is fairly complex so qualified legal advice would be essential to clear the use of your objects, obtain permissions and licenses where necessary and adjust the presentation to minimize potential claims.

Note that this reply is of general informational nature, is not legal advice and should not be relied upon as such.