▲蘇狀師談娛樂法

蘇思鴻 律師
發表時間:2022/03/07 01:01 618 次瀏覽

Appeals Court Rules Marilyn Monroe’s Persona Belongs to Public, Not Her Estate
上訴法院判決瑪麗蓮夢露屬於公眾而非其遺產管理人

At the time of her death, the famous actress was domiciled in New York, not California, and as a result, her estate can't use California's publicity rights law to object to a photo licensor and others.
夢露死時住所係設於紐約,而非加州。因此,其遺產不能援引加州之知名度法律來對抗照片授權人及其他人。

Since her death in 1962, Marilyn Monroe has endured in popularity and her estate has collected a fortune. According to Forbes, Monroe is the third highest money-maker in its rankings of “The Top Earning Dead Celebrities,” with $27 million of income in 2011 (behind Michael Jackson and Elvis Presley). Not coincidentally, Monroe’s estate has also been quite litigious, protecting her personality from being exploited without license from photographers, t-shirt venders, and even hologram makers.

Now quite a bit of that money is endangered thanks to a ruling on Thursday by the Ninth Circuit Court of Appeals. In the opinion, the appellate judges affirm that Monroe LLC can’t claim in court that the legendary actress was living in California at the time of her death, which means that her heirs can’t take advantage of the state’s generous laws allowing individuals to hold rights on their name, image, and likeness.

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