Marilyn Monroe is now in public domain
When it comes to post-mortem publicity rights, this decision is BIG:
The Southern District of New York has just issued a bombshell decision in this area. In Shaw Family Archives v. Marilyn Monroe LLC, it held that Marilyn Monroe's heirs cannot claim post-mortem publicity rights because she died before the enactment of the statute that creates them in California (and, for reasons that are not important here, Indiana). So, according to this Court, her image, likeness and persona are all in the public domain. Put it on a t-shirt. Or a bottle of wine. Use it to sell widgets. No permission necessary. (But please remember, copyrights to the photograph you might want to use are a whole spearate issue.)
Is this a big deal? You bet. Licensing dead celebrities is a multi-million dollar business. But California -- the center of the celebrity universe -- only passed the statute creating post-mortem publcity rights in 1984. Lots of the hottest dead celebrities (licensing-wise) died long before that, and millions of licensing revenue stands to disappear under this decision.
Intellectual property lawyers in Hollywood will now have plenty to worry about, and therefore plenty of job security, for years to come.
This gets to the heart of the new "ownership society" in which we've found ourselves, where people's images, ideas, even naturally-occurring genes are claimed. It's like watching 2nd grade boys claiming territory in the sandbox. "First dibs!"
(Are there sandboxes on playgrounds any more? Let's ask the lawyers.)
If I come across as a tad cynical about this, that's because I'm getting the sense that the claims being made by media corporations and other interested parties are not helping to encourage innovation, but rather are working to stifle it. --Not that the prospect of seeing more Hollywood golden era stars dancing with vacuums has anything to do with innovation one way or the other.
This is going to be an interesting story to follow. And you can be sure the news media will cover it. After all, such things are their bread and butter.
[Comments are now closed due to relentless "nancy miracle" spam]
i can't believe it. this is really exciting news. thank you. finally there is some justice for poor marilyn who was abused for so many years since her death.
Dear Laura,
my best friend who is crazy for Marilyn Monroe like nobody else, she just forwarded me your article and I could not agree more with you about this important matter. I have followed this case and another case. I was a victim of memorabilia fraud twice now. I bought a fake James Dean item, as I found out later, and I was also taken advantage with a fake Marilyn Monroe item. This one was sold with an authenticity of a lady by the name Bebe Goodard.
You may want to point out in another artice what is going on right now in terms of fakes on the internet.
I went on this interesting website ( www.mmfraud.com ) and found great info about these scams and also about the people that you are talking about. When I contacted the owner of the website, I received very helpful info, which led to the refund of my money.
Just wanted to share that with you guys. Because I bet that there are more victims of these frauds are looking for help and support.
First of all, thanks Laura for a terrific blog post. You are right, huge news especially for Marilyn Monroe LLC, who has been claiming Publicity Rights all along when they shouldn't have. This subject has been food for thought for quite some time not only in this legal battle but also with other champions for Marilyn Monroe, including the one mentioned by the person posting above me, the owner of the MMFraud website, Mark Bellinghaus. Check out this LA Weekly article from January and what he said was one of his goals - to be able to "liberate Marilyn". http://www.laweekly.com/general/features/immortal-mayhem/153...
This is definitely one goal that has been attained.
It is so perfect, so apt, that the fight for publicity rights should center on the greatest star of all, Marilyn Monroe. Who else would have generated such enthusiasm, such a willingness to fight? I commend the remarkable Mark Bellinghaus for all he's done . . . and I wait to see what breakthrough he will make next, what hornet's nest he will shake.
"millions of licensing revenue stands to disappear under this decision"
No, this is not quite the case -
Judge Morrow’s ruling means:
1) California’s right of publicity only extends to deceased celebrities who were California domiciliaries when they died (previously established in the Princess Diana case)
2) All deceased celebrities who were California domiciliaries when they died since 1915 potentially have a post-mortem right of publicity.
3) However, only the families of deceased celebrities who were California domiciliaries when they died before Jan 1, 1985 own the right and not persons designated by their wills.
4) Deceased celebrities who were California domiciliaries when they died after 1985 also own a post-mortem right of publicity and they could have transferred it during their life to a trust or by contract and after their death, their family members received the right, not by their will but by the statute.
Curiously, Anna Strasberg, the administratrix of Marilyn's estate, testified on several occasions that Marilyn was a domicile of New York.
In 1989, with the state of California, in order to avoid California taxes with the Franchise Tax Board.
In another case, Strasberg testified that Nancy Miracle's claim (Ms. Miracle claimed that she was entitled to a fifty percent share of Ms. Monroe's estate as a pretermitted heir) be dismissed in Hawaii using New York estate law to prevail in that case. And most damaging, Strasberg attempted to remove the Freud Center for Children from their share of the estate. Anna cited in that filing that Marilyn Monroe “died on August 5, 1962, domiciled in the City and State of New York.”
- That's another story which speaks to the greed of Strasberg -
These lawsuits attacking the photographers and the ability to do business were undermined by Strasberg's own testimony, which strenuously argued that Marilyn was a California domicile. Evidently, the truth is optional with Strasberg.
Judges dislike this shifting stance and question the veracity of the briefs from that side...
nancy miracle gained standing in her case against the strasberg's in hawaii but it was jurisdiction which came in the way she seems to live, ana strasberg, whereever is convenient.
and marilyn too, was she domiciled in calif (there at the house only six weeks) she still had her apartment in nyc. will probated in nyc where her real family and daughter nancy miracle were.
california or new york what's the story people have been known to have two homes.....
nancy miracle has been through hell by these people and the sludge that followed them
You guys raise some really great points and I’m happy that people are seeing the other side to this story. Take a look at the latest statement from the Marilyn Monroe estate regarding these recent rulings http://www.marilynmonroe.com/viewheadline.php?id=4273 I think you would find it interesting.
nancy miracle is the natural heir to the estate of marilyn monroe see www.marilynmonroefoundation.com for the play here i am mother the real story of marilyn monroe and the t shirts celebrating the human, italian american at that she, mother cabrini, annette funicello, and lucky luciano at that
thank god for people like nancy miracle marilyn monroe's daughter she has fought for human rights in searching out her mother's rights in the estate and hers and she continues to fight against incomprehensible odds and veryevil people but truth does somehow win out and yes we have to celebrate her italian american heritage.
"nancy miracle" spam seems to be the new trend. But can she sing "Happy Birthday, Mister President"?
/snark