Common ethical issues in settlement negotiations and mediations
Opinion Letter
1. John F. Breyer
Senior Partner
Breyer & Breyer,LLP
2210 Law Firm Road,
Schenectady, New York 12345
P: 990-883-1010
F: 990-139-9101
Breyer&Breyer@LawFirm.com
November 02, 2015
To: Mrs. Sinatra,
heir of the late Frank Sinatra
Re: Opinion Letter
This opinion letter is furnished to you with respect to your concern with your late husband’s
rights. It is my professional opinion that you are likely to recieve damages based off of the information I
have been given. Both instances you identified are “unauthorized uses of a deceased personality” based
off of New York’s Civil Practice Law and Rule § 7.04-225.
There are a few things to consider in going forward with any proceedings:
I. The rights of using a deceased personality’s work may be exercisable by the heir. Therefore,you
may give authorization and consent for the use of the deceased personality’s name, voice,
signature, photograph, or likeness for the purposes of advertising or selling or soliciting purchases
of products, goods, or services.
II. The unauthorized use in any of the above-stated manner shall be in violation of New York laws.
Liability to the injured party will result in any amount equal to the greater of $750 or the actual
damages suffered by the injured party as a result of any profits. Punitive damages may also be
awarded.
III. The heir has said rights to authorize outside use of the work up to 70 years after the death of the
deceased personality. No action shall be brought after the expiration of 70 years.
IV. A “deceased personality” means any natural person whose name, voice, or likeness has
commercial value at the time of his or her death.
2. I hope that this information reassures your concerns in moving forward with any legal
proceedings. Feel free to contact me via phone or email if you have any questions or need further
assistance. We look forward to serving you.
Sincerely,
John F. Breyer, Attorney
________________________________
Breyer & Breyer LLP