Allen Toussaint Legacy Act

There is a new law in Louisiana effective 1 August 2022, the Allen Toussaint Legacy Act, which controls use of the identity of a Louisiana resident, whether living or dead. According to this new law, “Identity” means an individual’s name, voice, signature, photograph, image, likeness, or digital replica. La. Rev. Stat. 51 § 470.2. The person or its heirs/authorized representatives have the right to control the identity for up to 50 years after death, as long as there is no proof “of nonuse of the individual’s identity for commercial purposes by an individual’s authorized representative for a period of three consecutive years following the individual’s death.” La. Rev. Stat. 51 § 470.3. If you have any interest in using in any way the identity of a Louisiana resident, we suggest that you consult with an attorney familiar with this new law for guidance on how to proceed. Please call us if you would like to discuss this.