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In Reply to: Just you wait posted by Brian A on August 17, 2009 at 11:31:24:
Here's what the ruling was recently for Marilyn Monroe:"On May 4, 2007, a judge in New York ruled that Monroe's rights of publicity ended at death. In October 2007, Governor Arnold Schwarzenegger signed Senate Bill 771.
The legislation, which was supported by Strasberg and the Screen Actors Guild, established that non-family members may inherit rights of publicity through the residuary clause of the deceased's will provided that the person was a resident of California at the time of death"So: if an actor is/was a resident of SoCal at the time of their deaths their Estate, if non-family inherited, will continue to maintain their publicity rights ( + presumably gain from their on-screen "reincarnation" ) Because of the "Marilyn" involvement; you can see this 2007 law is also retrospective
"In March 2008, the United States District Court in Los Angeles ruled that Monroe was a resident of New York at the time of her death, citing that the executor of her estate told California tax authorities as such, and that a 1966 sworn affidavit by her housekeeper quoted Monroe as saying that she considered New York City to be her primary residence. The decision was reaffirmed by the United States District Court of New York in September 2008"
This means that Marilyns Estate now has NO ongoing publishing rights ( Court ruled these ended with her death ) + so presumably there could be no Estate claim for any gain from "her" onscreen reincarnation in 2010 or beyond
My bet is: she is *very* likely to make a reappearance ( ! )However; California legislation for actors/actresses that were/will be SoCal residents at the time they die, will continue to have publishing rights, even if these are not willed to family members... ( eg: Trusts/Studios/friends... )
Bogart died in Los Angeles; ( and was likely resident there ) with the 2007 legislation, someone, somewhere will have the publicity rights on HB, with the result "he" could be a *very* expensive prop. as an avatar/actor in the future
G.
Edits: 08/19/09 08/19/09 08/19/09 08/19/09 08/19/09
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Follow Ups
- Legislation is already changing to accomodate just that - grinagog 08:33:35 08/19/09 (0)
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