Montgomery v. Montgomery
Kentucky Supreme Court
60 S.W.3d 524 (2001)
- Written by Miller Jozwiak, JD
Facts
Harold Montgomery was a musician who spent most of his life recording and performing in Kentucky. Harold’s son, John Michael Montgomery (defendant), followed his father and became a nationally known country music star. Harold married Barbara Rogers in 1988 and died a few years later. Barbara was the executrix of Harold’s will. A few years after Barbara settled the estate, John released an album containing a song called “I Miss You a Little.” The accompanying music video contained footage of Harold and ended with a dedication to him. John did not receive permission from Harold’s estate to use Harold’s images or recordings in the music video. In response, Barbara sued John for (among other things) violating the estate’s right to publicity under a Kentucky statute. The statute made clear that the right to publicity (unlike the right to privacy) survived death and that someone’s name or likeness could not be used within 50 years of his death without the written consent of the estate. The trial court granted summary judgment in favor of John, which the court of appeals affirmed. Barbara appealed.
Rule of Law
Issue
Holding and Reasoning (Johnstone, J.)
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