Montgomery v. Montgomery

JOHNSTONE, Justice.

Barbara Montgomery, as personal representative of the estate of Harold Edward *526Montgomery, brought suit against John Michael Montgomery, Harold’s son. In the suit, Barbara claimed that John Michael had violated Harold’s common-law and statutory right of publicity by using Harold’s voice and likeness in a music video. The trial court granted summary judgment in John Michael’s favor. The Court of Appeals affirmed. We conclude that the right of publicity does not apply in this case and, therefore, affirm.

FACTS

Harold E. Montgomery was a musician in and around Garrard County in…