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When the right of publicity was first articulated to protect the ability of baseball players to profit from the use of their photographs on bubble gum cards,' there was little indication that its descendibility would become a major issue. In recent years, however, courts have been besieged by litigants who claim that they should exercise control over the publicity rights of their famous and departed forebears. 2 The descendibility of publicity rights has proved to be a troublesome issue, because of both the nature of the claims presented and the distinctions to be made in separating the private and the public domains. Two of the most recent and significant cases involve Elvis Presley, whose ability to create controversy apparently has been unimpaired by death. During his lifetime, Presley entered into a contract with Boxcar Enterprises in which he conveyed the exclusive right to use his name and likeness for commercial purposes. Since Presley's death, Boxcar's licensee, Factors Etc., Inc., has been involved in several suits relating to the exploitation of Presley's attributes by others. In Factors Etc., Inc. v. Pro Arts, Inc.,3 the Second Circuit enforced the Presley-Boxcar contract, enjoining the unauthorized sale by Pro Arts of a poster bearing Presley's photograph. Although the court declined to rule that the

The Descendibility of the Right of Publicity: Is There Commercial Life after Death?