Newswise — Resolving ownership issues involving the use of a famous person's image, likeness or voice for publicity can be complicated, says intellectual property attorney Jonathan Faber. An IU School of Law-Indianapolis professor, Faber is also founder and CEO of Luminary Group, a licensing and intellectual property management company that works with icons such as Buddy Holly and Joe DiMaggio, and rock stars, race car drivers, music publishers and others.
Two recent cases making media headlines are prime examples of the intricacies of resolving such cases, Faber says.
Martin Luther King, Jr. Life Story Rights
The three surviving children of Marin Luther King Jr. are reportedly feuding over plans for a life story film on Martin Luther King Jr. to be directed by Steven Spielberg. One of the children apparently entered into a deal for the production with DreamWorks but without the approval of the other two siblings.
"Inevitably, the negotiations will involve examination of who claims to own the rights necessary for the production to proceed," Faber says. "Further, the questions of how long a post-mortem right endures, and whether there are exemptions to the law such as First Amendment allowances or exemptions in a given state's publicity statute which would apply, may have to be examined. Every situation has its own nuances and therefore requires skilled representation to get it right."
The possibility of merchandising rights, corporate tie-ins and product placement also implicate additional areas for negotiation, adding another level of complexity to movie rights cases, Faber says.
Woody Allen Settles with American Apparel
Just days before the trial was to begin, Woody Allen earlier this month settled his lawsuit against American Apparel for $5 million. The case involved American Apparel's use of billboards depicting Allen as an Orthodox Jew in a still photo taken from his movie Annie Hall, along with Yiddish text declaring Allen "the High Rabbi."
"Some observers had predicted a First Amendment or fair use defense, but in this instance, the intellectual property rights of Woody Allen would likely have prevailed," Faber says. "One interesting aspect of this situation is that the settlement is being reported and publicized. In the realm of right of publicity litigation, it is often difficult to ascertain the monetary aspects of a dispute without being directly involved and subject to confidentiality."
Faber Background
Prior to founding Luminary, Jonathan was president of CMG Worldwide, whose clients include Marilyn Monroe, James Dean, and many others. Faber also is an attorney with McNeely Stephenson Thopy & Harrold.
At the IU School of Law-Indianapolis, which is located on the Indiana University-Purdue University Indianapolis campus, Faber teaches the nation's first law school course dedicated entirely to the right of publicity. He is creator of the right of publicity Internet resource, www.RightOfPublicity.com.
Faber also teaches "Licensing Intellectual Property" at the IU Maurer School of Law, located on the Indiana University Bloomington campus.
Faber has served as an expert witness in cases involving Motley Crue founding member Nikki Sixx against Vans, the animated character Madeline against DIC, Robby Gordon (NASCAR) against Fruit of the Loom, and Uma Thurman against Lancome, among others.
RSS