Federal judge rules in favor photographer’s heirs to control Marilyn Monroe images
A federal Judge in New York has ruled in favor of the Heirs of heirs of photographer Sam Shaw in a dispute over the rights to iconic photography of actress Marilyn Monroe created by Shaw. The image in question which has been ingrained in the American pop-culture consciousness depicts Monroe standing over a subway grate with her white skirt billowing in the draft.Shaw passed away in 1999 and his copyrights are in a trust, the Shaw Family Archives Ltd, to benefit his two daughters: Edith Marcus and Meta Stevens. In 2005, the trust sued CMG Worldwide and Marilyn Monroe LLC, alleging copyright infringement and complaining that three of Shaw’s images of the late actress were used on merchandise without permission or compensation.
CMG and the Marilyn Monroe company countered that only they had the right to commercially use any photograph of the actress because they owned her “right of publicity.” They asked the court to declare that Monroe was a resident of California when she died in 1962. The Federal Judge ruled that the estate of Marilyn Monroe cannot claim the actress was a resident of California¬–after claiming previously that she was a resident of New York to take advantage of a new California law giving the estate control over the licensing of images of Monroe.
CMG’s chief executive, Mark Roesler, said CMG will appeal adding “since her death, Monroe “has become a brand” and has trademarks on her name. It’s disappointing that New York continues to say they won’t protect these rights”.
Web: www.cmgworldwide.com - www.samshaw.com - Click here to view featured image.
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