From Marilyn Monroe, to Rebecca Black, to Lord Voldemort

When it comes to the entertainment industry, the scandals and battles are rarely about entertainment. Like almost every other industry or situation, it’s always about money. From Intellectual Property (IP) of Marilyn Monroe, to Rebecca Black’s copyrights to her single “Friday”, and even the Voldemort & Poppins licensing for the epic showdown at the London 2012 Olympics; it’s all about who gets the money, and who’s to be paid.

When it comes to an iconic figure such as Marilyn Monroe you would think that the use of her image is up for the public because, how can you copyright a person…when it’s deceased? Well, the company Digicon thinks it is entitled to, not only use her image but also put her to perform. You see, Digicom created the VM2 (Virtual Marilyn) and plans to use it to put on a concert. Just like Tupac Shakur performed at Coachella this year. However, Marilyn Monroe Estate is not too happy about the situation. They claim that Digicom use of the technology is an infringement to copyright and trademark laws, even though Digicom had licensed the rights 15 years before. The Estates position is that the rights of usage of imagery and name could be possible as long as it differentiate it from the actual Marilyn Monroe and it did not confuse the public. And by utilizing it to “act and model” which was Monroe’s actual careers, it would lead to public confusion.

I can’t speak for the general public but I for one will not be confused with a hologram of a long deceased movie actress. I think Marilyn Monroe’s Estate is looking to prevent the use because it would lead to a substantial gain to Digicom (of which they wouldn’t get anything). They could very well, license it later to another company and state that they get royalties for the same use. Because this technology is so recent, cases as this one would have to be settled at court and establish a precedent, if they so choose to file a suit. However, to me it’s just a matter of a “bad play” the Estate made not thinking about the possibilities of VM2, and Digicom should be allowed to use their technology as they see fit.

Going from Hollywood royalty to the Nation’s favorite song to hate, “Friday” from Rebecca Black is no easy task. But Black’s mother made it easy by sending a letter to Ark Music Factory denouncing the copyright infringement she alleged they did, made it clear that this case wasn’t that far apart from VM2.

Back in fall of 2011, Black was introduced to Ark Music Factory. “Black’s mother, Georgina Kelly, reportedly paid the company $4,000 to record the song and produce the accompanying video for “Friday,” a song pre-written by Ark founders Patrice Wilson and Clarence Jey.” (Moss, A. 2011) This payment, however, only covered a fraction of the costs involved in this single. 4k can’t get you really far as far as music and video producing in L.A. Nevertheless, Black’s mother alleged “that Ark failed to provide Black with the master recordings of her song and video […], has been exploiting her likeness […] without permission, has falsely claimed she is exclusively signed to Ark, and created an unauthorized “Friday” ringtone.” (Moss, A. 2011) Ark’s response? They quickly said, that the mother would receive the material, quoting “they can have it all”. However, Ark’s lawyers are question the validity of their initial agreement, and they are currently trying to see if, in fact, Black is entitled to the song recording rights. If she is or she’s not this could mean a great deal of money mainly from digital downloads will be owed to the other. If they were to enter the legal battle, chances are the costs for it would be higher than the actual profit from the song. So, different from VM2’s case I don’t think one or the other is right or wrong. They should be smart enough to get to an agreement before the America starts to hate a new song, and “Friday” will monetize no more.

From Hollywood royalty, to America’s most hated song, to… battling nannies and wizards? If you tuned in to see the opening ceremony for the London 2012 Olympics you may have noticed the fact that Mary Poppins had a duel with Lord Voldemort. And when you hear cases like VM2 and Rebecca Black’s “Friday”, you start to think, how was this possible? Are there copyrights or trademarks for fictional characters? Well, the answer is yes. The more important question is, how did Danny Boyle handle all the licensing?

Dealing with fictional characters is very different from an artist, to say the least. As we know, copyright law protects the material where these characters appear, but not necessarily the characters themselves. For a character to be copyrighted Dan Nabel explains that, “In order to achieve trademark protection, a fictional character must function in the minds of the public as a “source identifier,” such that if someone other than the trademark owner used the character, there would be a likelihood of consumer confusion.” Here’s the point where Digicom and the Black family have to take notice, even though they’re dealing with music and imagery. Boyle managed to take on a whole production seen around the world with an array of artists, characters, imagery, etc. that complied with the requirements of the law and the IOC (International Olympics Committee). What usually works, and this is no industry secret, is to do things on time and contact the correct people. For example, in Voldemort’s case there’s two licenses you could request, the Voldemort created for the movies from Warner Brother, or the Voldemort depicted in the books from J.K. Rowling. This event was to highlight the work created by brits, so they licensed the Voldemort from Rowling. The opening ceremony for the London 2012 Olympics is an example of how a production of such magnitude can take place with all their paperwork in order, and if they could do I believe Rebecca Black can straighten out a contract and Digicom can resolve their issues with VM2.

They key learning from all three cases is that licensing is a must in every case. The best advice anyone could give is to trying to always state their negotiations in writing and consider every last detail, from licensing to most importantly the handling of profits. Have that contract signed by both parts, and if necessary, notarize it. When it comes down to it, Marilyn’s Estate is only looking for a way to cash in in VM2, Black’s mother is upset about money from different sources not getting to them, and thankfully Boyle paid the respective license owner their due fee. Like I said, it’s almost never about the entertainment. It’s about the money.

Sources:

Nabel B. (2012). IP Lawyers are Collateral Damage When Mary Poppins Battles He-Who-Shall-Not-Be-Named at London’s Olympic Games. Law Law Land Blog. Retrieved from: http://www.lawlawlandblog.com/2012/07/ip-lawyers-are-collateral-damage-when-mary-poppins-battles-he-who-shall-not-be-named-at-londons-olympic-games.html#more-2248

Gardner, E. (2012). Marilyn Monroe Estate Threatens Legal Action Over Hologram. Hollywood Reporter. Retrieved from: http://www.hollywoodreporter.com/thr-esq/marilyn-monroe-estate-hologram-legal-334817

Moss, A. (2011). Rebecca Black 'Friday' Controversy: A Serious Legal Analysis. Hollywood Reporter. Retrieved from: http://www.hollywoodreporter.com/thr-esq/rebecca-black-friday-controversy-a-175069