Tupac's "Performance" And Copyright

Previously published in the Los Angeles Daily Journal

When Tupac Shakur took the stage at Coachella last month, the ovations from the fans at the show were quickly followed by a spike in his catalog sales. The new use of hologram (sort of) audio-video technology in the live show was a huge hit, and is sure to be repeated at future live events. Not surprisingly, and certainly in the music business, with new technology we often see legal issues arise as intellectual property rights get exploited in new ways. Because this may be true in the aftermath of Tupac's appearance, a refresher at the intellectual property rights in play is warranted.

On the Right of Publicity issue, a deceased celebrity's right to control the commercial exploitation of his or her name, voice, signature, photograph or likeness is protected pursuant to Civil Code Section 3344.1. Tupac's Estate reportedly granted a license permitting his "appearance" at the shows in exchange for a fee.