|
|
|---|
|
PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for June Week One ## 441A |
KEY WORDS: | Marilyn Monroe | Estate | Publicity Rights | Will | Postmortem Publicity | Remote | Laptop | 97 Billion Emails | Credit Card | Transaction Fee | Merchant Account | Shopping Cart | Book Covers | Releases | Travelers |
Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter, for this moment in time, from PhotoDaily, PhotoSource International. <http://www.photosource.com/> To sign up for our photoRESEARCHER Newsletter, visit us online at: (If you do not wish to receive the PhotoRESEARCHER Newsletter, please
see the instructions at the end of this newsletter.)
|
Photographer
Wins Marilyn Monroe Dispute
by
Joel Hecker, ESQ.
As many of you may know, the late photographer Sam Shaw created and
was the copyright owner of some of the most famous pictures of Marilyn
Monroe, including the classic shot of her standing over a subway grate,
in connection with the 1955 movie, The Seven Year Itch.
Marilyn Monroe died in 1962. In her will, she left substantially all
of her assets to Lee Strasberg, the well-known teacher, director and
producer. He in turn bequeathed these rights to his wife upon his
death. She inherited these rights in 1982, and, in turn transferred
them to a management company called Marilyn Monroe, LLC.
The various representatives of the Monroe Estate have always asserted
that they own the right of publicity to her likeness and image and
brought suit in the state of Indiana when some photographs were sold
in Indiana for commercial purposes.
A number of actions were brought by both parties in various states
which were eventually consolidated in the United States District Court
for the Southern District of New York. That Court has recently determined
that the representatives of the estate of Marilyn Monroe do not have
any descendible postmortem publicity rights.
The Court came to this conclusion by first determining that Marilyn
Monroe was either a resident of New York or California at the time
of her death and that she could not have been a resident of the state
of Indiana. Since the state of residence at the time of death determines
which state law applies, the Court then looked to the laws of California
and New York in effect in 1962.
The Court concluded that neither New York nor California recognized
any postmortem publicity rights at the time of her death. Therefore
the subsequent enactment of such a statute in California was irrelevant
since Marilyn Monroe could not dispose of a property interest through
her Will which did not then exist. This is so because a person can
only pass such property owned by the decedent at the time of the decedent’s
death and, since there was no existing right to postmortem publicity
at the time of her death, she obviously could not dispose of a non-existing
right.
Accordingly, the Court held that Marilyn Monroe was unable to bequeath
publicity rights in 1962, since California did not recognize such
rights until 22 years later (New York still does not recognize such
rights).
The Indiana Right of Publicity Act, passed in 1994, creates a descendible
and freely transferable right of publicity that survives for 100 years
after a personality’s death, regardless of the personality’s
domicile, residence or citizenship. The Court found, however, that
this Indiana statute was not applicable since it was passed over thirty
years after Marilyn Monroe’s death and therefore could not have
created a right transferable under her Will.
As a result, the court dismissed those claims relating to descendible
postmortem publicity rights. This just goes to show that some things
just never end!
Attorney Joel L. Hecker lectures and
writes extensively on issues of concern to the photography industry.
His office is located at Russo & Burke, 600 Third Ave, New York
NY 10016. Phone: 1 212 557-9600. E-mail: HeckerEsq@aol.com.
Mel Glynn |
|
On-Line by Bill Hopkins Shades of Wii! History Lesson Bill Hopkins is the Webmaster of PhotoSourceFolio* (www.photosourcefolio.com) and a regular contributor to PhotoStockNotes. Send comments via e-mail to wh@photosourcefolio.com. Fax: 1 818 831-0916. For on-line questions, contact Bill on the Kracker Barrel at www.photosource.com/board. *Check out his site for examples on PhotoSourceFOLIO
member pictures.
Linda Lutz
Should
you…
To accept credit card payments you need to set up a “Merchant Account.” This is a credit card processing account that you establish, that makes it possible for you (your business) to accept all major credit cards for payment. This account is not the same as your checking account or savings account, but it allows you to accept credit card payments from your customers, and for the money to get deposited into your existing bank account.
Book
Covers… Advance notes: When can a picture be published without requiring a person’s consent? A one-sentence answer would be, "when it’s not being used to advertise or endorse a product or other commercial entity.” If the picture is informing and educating the public, such as in a texbook, newspaper, TV documentary, etc. it generally is designated an editorial photo, which does not require a model release. But not all is conveniently clear and black and white when it comes to the requirement of model releases. Consider just one subject area, Book Covers: Photographer Question: “I have a pretty good understanding of the model/property release issue with editorial stock, but I do have a question. If a photo is used for a magazine/book cover, wouldn't that be considered promotional and require a model/property release?” - - - - - - - - - - - - - - - PhotoSource International Answer: Book and magazine covers have a way of becoming “quasi advertisements,” when they do double-duty of “hyping” the book or magazine when placed on a newsstand or in a catalog or even in an ad in, say, The New Yorker magazine.
Want to read more of this article? Go to:
Note: If the URL is long, it may extend to two lines. In that case - clicking on it won't work. Instead, "copy and paste" the URL.
FEW SMILEY FACES Why even successful photographers
are unhappy today – Jim Pickerell recently did a survey
of Getty photographers in which respondents expressed a high
level of frustration and dissatisfaction. http://rising.blackstar.com/why-even-successful-photographers-are-unhappy-today.html
ON THE LEVEL Google Launches 'Street View'
Photography- Clicking the "Street View" button (upper
right) outlines blue streets for which Google has photography.
You can then drag a "person" icon to the street
FROM ABOVE Bird's Eye Photographer Shoots
from His Cessna. Arizona physician Michael Collier spends
every other week combining geology, photography and aeronautics,
in a three-decade quest to tell the earth's "stories"
with aerial images. LIGHT IN THE DARK Not many know that photographs
can be taken by the blind. Partho Bhowmick, the mentoring
force behind the exhibition Beyond Sight recalls his enthusiasm
for photography of the blind "I would manage to touch
the lower branches of the trees and feel of the summer sun
over my head and imagined the designer shadow on the footpath
before clicking. Photography connects me to the visual world." WAY BACK PHOTOS Rare images preserved in archive.
A rare archive of images of Scotland's past will be safeguarded
for future generations at Glasgow University. The specially
designed facility will store a series of collections by the
pioneers of photography.
######################################### Now you can search back issues of PhotoRESEARCHER Newsletter. On your Web browser go to: http://www.photosource.com/researcher/list.html then type in your keyword. Reproducing or copying photoRESEARCHER Newsletter for non-private purposes is not permitted without written consent of the publisher, except for review purposes where source credit is given. ##
PhotoRESEARCHER Newsletter monthly newsletter is produced
by PhotoDaily, PhotoSource International, Rohn Engh, Director,
who is solely responsible for its contents. To
make a photo listing: Next Week:
If you’d rather not receive this kind of e-mail, reply with a <no thanks> and provide us with the original address at which you received the e-mail, so we can ensure your request is handled correctly. Thank you!
|
LOOK LIKE A PRO when mailing your next print, ad, or disk: The “Way Less” envelope stiffener will not only create a high-tech look to your project but save you more than fifty cents in postage on an average mailing. (They pay for themselves!) Made of extruded sheets of stiff corrugated polypropylene,
the “Way Less” envelope stiffeners are lint and
dust free, and unlike cardboard are impervious to moisture.
Available in all popular envelope sizes. To learn more, order,
or request a free sample, visit: www.envelopestiffeners.com.
###################### Want to see back issues of PhotoResearcher
Newsletter? ######################
PHOTOBUYERS! ######################
Subjects such as “Photographing Public Properties,” “Where Is Royalty Free?” … Click here
Zev Radovan
TRAVELERS
ABROAD
Shawn McGrath Judy Taylor Robert Maust Jason Lauré Lee Snider Pamela York
######################### ########################### To
cancel your free subscription, send email to: |
 Alex Bussewitz |
 Garrett Johnson |
 Nick Rogney |
 Mitchell Benson |