“The only reason for time is so that everything doesn’t happen at once,” Albert Einstein once quipped. But Einstein was not commenting on law, where the passage of time has a different significance—and now has resulted in a California federal judge ruling that Einstein’s right of publicity, which was claimed by the Hebrew University of Jerusalem (“HUJ”), has expired. … Continue Reading
Tag Archives: right of publicity
The Material Girl May Have to Pay Up for Use of Brando’s Name and Likeness
Posted in UncategorizedMarlon Brando appears to be getting expensive. Licensing agency and intellectual property rights clearinghouse, CMG Worldwide Inc., has accused Brando’s estate of reneging on a deal allowing use of the deceased actor’s name and likeness during Madonna’s 2012 World Tour. CMG manages the intellectual property rights of many deceased celebrities, with one exception being Brando. … Continue Reading
She Belongs to the Public: Court Rules that Marilyn Monroe Estate has no Rights of Publicity
Posted in UncategorizedEven 50 years after her death, Marilyn Monroe continues to remain relevant. In a strongly worded Opinion (available here) last week, the Ninth Circuit Court of Appeals ruled that the Estate of Marilyn Monroe does not have the right to stop others from using Marilyn Monroe’s name and likeness. At issue in the… Continue Reading
Good Publicity? Perhaps. A Right of Publicity? Not Likely.
Posted in UncategorizedRights of publicity cases tend to be interesting for obvious reasons: the cases involve famous people, the doctrine is evolving and the rights vary from state to state. And in cases involving estates, the factual wrinkles can be fascinating, such as in the case involving the Einstein estate, which we discussed a few months ago…. Continue Reading
What did Einstein Intend?
Posted in UncategorizedFifty Seven years after he died, Albert Einstein’s name and likeness continues to generate about $10 million annually according to Forbes. Hebrew University has controlled Einstein’s name and likeness for decades, but those rights now are being called into question by a California court. In 2009, GM ran a four-page advertisement in people magazine under… Continue Reading