Legal Question in Wills and Trusts in Maryland
Song writer uses dead famous person's name in a song, does the family have rights to royalties? permission required? Specifically song called "Johnny and Ray" (last name is NOT used in the lyrics but the song is about Johnny Unitas. Son owns rights to the name but I don't think he can limit artistic use of the name "Johnny" even if "Unitas' was specifically stated. Is that correct?
1 Answer from Attorneys
Dead people now have the right to control publicity about themselves through their estate. Johnny Unitas most likely has an agent representing is use and the money will go to his estate. Question of Johnny is about how "identifiable" song becomes. Your public statement here indicates that it is about Mr. Unitas and will be admissable in a trial, if it ever came to that. See a lawyer as soon as possible to review your options going forward.
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