New Law Alert – Allen Toussaint Legacy Act

On June 15, 2022, Governor John Bel Edwards signed into law Act No. 425, S.B. 426, which was named the “Allen Toussaint Legacy Act” after the late New Orleans musician. The new Louisiana law will enable a deceased person’s estate to benefit from and stop the unauthorized third-party commercial use of their relatives identity, which includes name, voice, signature, photograph, image, likeness, or digital replicas (an individual’s likeness recreated digitally). Chaffe specializes in calculating damages related to IP infringement, and valuation of intangible assets for estate planning purposes. The Allen Toussaint Legacy Act extends existing protections for an individual past death.

Key Takeaways

• Effective as of August 1, 2022
• Only applicable to any person domiciled in Louisiana or a deceased person that was domiciled in Louisiana at the time of death
• Protection lasts up to (a) after 3 consecutive years of non-use or (b) 50 years after the decedent’s date of death
• Retroactive and will apply to individuals who died on or before the effective date
• Not applicable to any alleged violations committed before the effective date
• Must be filed within 2 years of the alleged violation

Damages

Plaintiffs may recover the greater of $1,000 and the actual damages in compensatory damages, and payment of all profits earned from the alleged violation. Like with other types of infringement claims, plaintiffs must only prove the gross revenue attributable to the authorized use. It is up to the defendant to prove any expenses.

Estate Planning Considerations

This creates a new asset (image and likeness) that can be passed onto heirs. It needs to be considered in estate planning for celebrities, whether through gifts to heirs or charitable giving, as this asset might be included in a taxable estate.

Senior Chaffe members have decades of combined professional experience in litigation support services including fact finding, discovery assistance, settlement calculations, consulting, trial support, and expert witness testimony. Collectively, they have served as expert and consulting witnesses in a multitude of cases covering various subject matters and industries. Chaffe specializes in calculating damages related to IP infringement, and valuation of intangible assets for estate planning purposes.

If you have any questions about the new Act or need assistance with IP infringement, email Marc Katsanis mkatsanis@chaffe-associates.com or Nene Gianfala nene@chaffe-associates.com