Daniel SterlingRon Howard reopened one of Hollywood's most storied sets this month, recalling on Ben Mankiewicz's "Talking Pictures" podcast what it was like to work beside John Wayne on the actor's final film, the 1976 Western "The Shootist." Howard, then a young actor and now an Oscar-winning director, described an "intense" atmosphere driven by a feud between Wayne and director Don Siegel — including the day Wayne stalked onto set clutching a Carson City newspaper over a quote he found insulting. The anecdote has sent Wayne trending again in 2026, nearly half a century after his death. It also raises a question most people never think about: who owns a legend's name once the legend is gone?
Why a 1979 death still matters in 2026
John Wayne died on June 11, 1979. Yet his name, face, and even his nickname "Duke" remain tightly controlled commercial assets, licensed today through the family business, John Wayne Enterprises, which sells everything from bourbon to branded merchandise. That control is not sentimental — it is a legal right, and it can outlive a person by decades.
The mechanism is called the "right of publicity," and it treats a well-known person's identity as a form of property that can be inherited, licensed, and defended in court. When Ron Howard's story pushes Wayne back into headlines and merchandise interest, the estate's ability to say who may use his image is exactly what keeps opportunists from cashing in without permission.
What the law actually protects
In California, where much of the entertainment industry lives, the key statute is California Civil Code § 3344.1, sometimes called the Celebrities Rights Act. Under this law, a "deceased personality's" name, voice, signature, photograph, and likeness are protected for 70 years after death. That means Wayne's identity stays legally guarded until 2049.
Crucially, the statute treats this right as transferable and descendible property. It can be passed on by will, trust, or other instrument, and if a person leaves no such instructions, it passes through intestate succession to their heirs — just like a house or a bank account. To claim damages, however, the rights-holder generally must register the claim with the California Secretary of State first, and cannot recover for uses that happened before registration.
The law also carves out important exemptions. Uses in news, public affairs, sports broadcasts, books, plays, films, and single original works of art do not require consent. That is why a podcast anecdote, a documentary, or a magazine profile about Wayne is fully legal — but slapping his face on a T-shirt or a bottle for profit is not.
It is not just for movie stars
Here is the part that surprises people: the right of publicity is not reserved for household names. The statute protects any person whose identity had commercial value at the time of death — or whose name acquired such value within 70 years afterward. A regional business founder, a popular local chef, a musician with a devoted following, or a social-media personality can all leave behind a name worth money.
Wayne's estate famously guards the "Duke" name so aggressively that it has clashed in court over commercial uses of the word, most notably in a long-running dispute with Duke University in North Carolina. That level of vigilance is the exception, but the underlying principle applies to ordinary families: if a loved one's name, image, or catchphrase generates income, someone in the family may inherit the legal power to control it — and the responsibility to defend it.
Where an expert makes the difference
Right-of-publicity law is a patchwork. It varies dramatically from state to state — some recognize robust post-mortem rights, others recognize almost none, and the rules that apply often depend on where the deceased person lived, not where the misuse occurred. There is no single federal statute that harmonizes it. That complexity is precisely why this is a question for a professional rather than a template found online.
A lawyer with experience in intellectual property or estate planning can help a family do several concrete things. First, they can build the right of publicity into an estate plan while the person is alive, naming who inherits it and how it should be licensed. Second, after a death, they can register the claim with the appropriate state authority so the family can actually sue if the name is exploited. Third, they can send cease-and-desist letters, negotiate licensing deals, and pursue damages when a company uses a likeness without consent.
For business owners and public-facing professionals, the same advice applies in life: registering trademarks, documenting the commercial value of a personal brand, and writing publicity rights into a will can prevent years of costly disputes for the people left behind.
What to do now
If your family includes someone whose name carries commercial weight — an entrepreneur, an artist, a performer, or a recognizable local figure — do not wait for a headline to force the issue. Start by asking a qualified attorney whether a right of publicity exists in your state and how to preserve it. On Expert Zoom, you can connect with a lawyer who handles intellectual property and estate matters to review your situation and map out the protections that fit.
Ron Howard's memory of a tense film set is a reminder that John Wayne the man is gone, but John Wayne the name is very much alive — and very much owned. The same could one day be true of a name in your own family.
This article is general information, not legal advice. Right-of-publicity and estate laws differ by state and change over time. Consult a licensed attorney before acting on your specific situation.
