ILNews

Fishers company loses Marilyn Monroe suit

Back to TopCommentsE-mailPrintBookmark and Share

An intellectual property licensing firm in Fishers has lost a federal lawsuit involving iconic images of the late actress Marilyn Monroe and the right of publicity.

U.S. District Judge Colleen McMahon for the Southern District of New York in Manhattan ruled Sept. 2 against CMG Worldwide and its client Marilyn Monroe LLC, finding in favor of the heirs of New York photographer Sam Shaw regarding the question of who owns rights to photos. The judge granted summary judgment in favor of Shaw's trust, the Shaw Family Archives.

"We're obviously disappointed and don't like to be on this end of a court ruling, but it is what it is," said Mark Roesler, CMG's chief executive officer.

The photographer's trust sued CMG and Marilyn Monroe LLC in April 2005, alleging copyright infringement relating to three of Shaw's images that were used on merchandise without permission. The Indiana company argued that it owned Monroe's right of publicity and asked the court to decide that the late actress was a California resident when she died in 1962.

Monroe's home at the time would have determined the right of publicity based on laws in California and New York - California passed a law in 1984 granting celebrities a post-mortem right of publicity, while New York doesn't recognize that right. A suit originally filed in the Southern District of Indiana was consolidated in California to address that issue.

In March, U.S. District Judge Margaret M. Morrow of the Central District of California in Los Angeles ruled on the similar federal suit and determined that CMG and Marilyn Monroe LLC didn't own rights of publicity in that state because the famous actress didn't reside in that jurisdiction at the time of her death.

In deciding the issue, the court looked at claims Monroe's estate made that she resided in New York. The judge agreed based on an inheritance tax appraiser who'd filed a report on that topic.

Attorneys have appealed that California ruling to the 9th Circuit Court of Appeals, but in the meantime Judge McMahon in New York has determined the two cases and issues are virtually identical. The only difference is that it involves a different photographer. She supported her California colleague's finding and came to the same conclusion.

Figures from 2007 show that Monroe has raked in more than $30 million in licensing fees in the last dozen years for everything from TV commercials to T-shirts - with roughly 25 percent of that windfall landing in CMG coffers.

CMG's Roesler said this ruling and the one in California have no bearing on any of its other 250 clients encompassing hundreds of celebrities such as James Dean, Elvis Presley, and John Wayne.

"What this (N.Y.) court is trying to say is that because it says she was domiciled in New York, Marilyn Monroe LLC can't prevent photographers from using images they took of her. This is a narrow decision and we fully expect to appeal," Roesler said.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT