Marilyn Monroe's Estate Loses Rights To Photos After Fighting To Make Her A New Yorker

from the figure-this-one-out dept

Tue, Apr 8th 2008 11:49pm — Mike Masnick

It appears Marilyn Monroe's estate didn't think all the way through its strategy of posthumously moving the famed star to New York. Apparently, her family convinced California tax authorities that Monroe had been a New York resident, in an attempt to avoid paying taxes on the estate in California. Unfortunately for the estate, that would also mean that Marilyn Monroe's publicity rights died with her. As Against Monopoly points out in the latest example of the bizarre effects of intellectual property rules, California allows "rights of publicity" to live on after death -- meaning that images of famous people still need to be licensed. However, New York says your right of publicity dies when you die. So, a court has now ruled that, thanks to Monroe's own estate claiming that she was a New Yorker, there's no longer a right of publicity for Monroe, and photographers who own Monroe photographs shouldn't have to pay her estate (as they've done since her death). This has photographers claiming that the estate has been unfairly demanding licenses for many years. Next time, perhaps Monroe's estate will just pay the taxes it owes. But, in the meantime, we get to see the bizarre impact of rules such as "publicity rights" which have forced photographers to pay to use photographs they took for many years.

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Filed Under: california, marilyn monroe, new york, publicity rights

18 Comments

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hellslam, 9 Apr 2008 @ 4:33am

I think some lawyers are in trouble today.
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FAZ, 9 Apr 2008 @ 6:03am

some one messed up baddd
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Nathan Gilliatt, 9 Apr 2008 @ 7:07am

Sounds like the kind of logic trap you see witnesses stumble into in courtroom dramas. If you're going to play the technicalities, you'd better understand *all* the technicalities.
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JB, 9 Apr 2008 @ 8:03am

Leeches
Now go get a job and EARN a living instead of living off the royalties of your long-lost relative Marilyn.
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- roger houny, 9 Jun 2010 @ 12:02pm
  
  Re: Leeches
  Monroes relatives didn´t get a cent. only the thieves the strasbergs and the band of psychiatrists who they hired to destroy Marilyn and her real family.
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  - Anonymous Coward, 23 Jan 2012 @ 3:41pm
    
    Re: Re: Leeches
    You are right!
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Mark Bellinghaus, 9 Apr 2008 @ 11:51am

Marilyn Monroe Liberation
There is a famous tale that comes to mind immediately. 'The Fisherman and his wife.' Anna Strasberg is lead character, she wants more more more and is never happy, and in the end--she lost it all. Brilliant!
What an embarrassment and what a silent payback by an American Legend who has been used as the goose that is laying golden eggs for the past 26 years for Anna Strasberg, the licensing lawyers Roger Richman (who changed the CA law) and Mark Roesler, who was knowingly and happily Marilyn Monroe into a cheap bag lady--reigning for 11 years over what he calls the icon 'his product.'
Bittersweet symphony and now these greedy abusers of La Monroe will find another victim, but we all know: There was only one Marilyn and she will recover from the tacky salt and pepper shaker image.
She will have the biggest renaissance, the biggest comeback that any star, living or dead ever had.
Marilyn Monroe is here to stay.
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- Ma, 9 Apr 2008 @ 11:53am
  
  Re: Marilyn Monroe Liberation
  http://www.pr-inside.com/marilyn-monroe-liberation-r527387.htm
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Brandon, 9 Apr 2008 @ 1:15pm

Marilyn Monroe
Since reason would state that you can't become a New Yorker after death, she must have been a New Yorker since before that. So this should be retroactive and the family should have to pay back all the license money it's made on her since her death. On the other hand, what would happen if, for instance, she died in New York but now her relatives moved her to California and said she was always a Californian, thus people still have to pay licensing on her image. Would that work the same way?
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- anonomous, 19 Sep 2008 @ 2:21pm
  
  Re: Marilyn Monroe
  her family never received her money, her real daughter and family were disregarded by the strasbergs. even in her will the longest probate in history it states she was a new yorker at death....an abomination of justice see her real daughters web page at www.marilynmonroefoundation
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Ronald Jones, 9 Apr 2008 @ 9:49pm

Clear this up for me...
...Hello, I own a very candid photo of Ms Monroe as she was out on the town in her natural habitat... according to your article, a license to market her on products is no longer required...

Thank You...
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quincy martin, 11 Apr 2008 @ 1:27pm

The Marilyn Monroe estate and her rightful heirs her real family
I've read about Nancy Maniscalco Miracle and the Marilyn Monroe Foundation. It seems she is the only natural heir to the estate of Marilyn Monroe and those monies and rights were stolen from her by the Strasbergs Lee first now Ana his third wife. They switch jurisdictions for over forty years like we, the regular people switch socks. It seems they are able to do this because of the circumstances of her death, which they and their psychiatrist friends were partly responsible for. Maybe soon justice will prevail and Nancy Miracle will be reinbursed.
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- charo thomas, 19 Sep 2008 @ 2:18pm
  
  Re: The Marilyn Monroe estate and her rightful heirs her real family
  
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- Beverly Ann Roach, 27 May 2012 @ 10:01am
  
  Re: The Marilyn Monroe estate and her rightful heirs her real family
  nancy miracle is a lyer and wants my Mom's money!!!! I Am The Daughter Of Marilyn Monroe and DNA Test Will show it.
  I Even Remember My Mom when I was a Child before She Died.
  I Was 6 Years Old when My Mom Marilyn Died!!!
  Tell Every one and Pass This On I'm NOT Lying !!!
  Stop Believing Women that Want to Be ME !!!
  This is The Truth !!! Facts Only DNA !!!
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nini, 28 Apr 2008 @ 11:11am

Psh....Plesase
Marilyns pix should be allowed viewd by the public for free
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carrie Reilly her daughter, 25 Jul 2008 @ 9:52am

how do I get my name entered into what is mine
My mother didn't leave it to lee. That was a lie. I am her daughter. My mother Marilyn left it to me and they were to only be into the estate until I turned 18. they forged and lied to me
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roger houny, 9 Jun 2010 @ 11:59am

marilyn monroes estate
The real estate of Marilyn Monroe should have gone to her daughter Nancy Maniscalco Miracle.....the strasbergs, leee and then ana have stolen these monies and continue to do so.
Nancy Maniscalco has taken them to court in 2 states and has not lost and is still standing. but because they jumped jurisdiction to keep the rights to her image, in california only, they kept one step ahead of justice. Nancy Miracle brought to court the fact that she was born Nancy Cusumano, that has been verified by the vital records in sacramento. her birthday was not correct, nor place of birth etc...that is why the probate took 20 years they the strasbergs didn´t have facts, still don´t just an abyss of pr stuff and lies.
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Jerold Thomas, 23 Jan 2012 @ 3:38pm

Marilyn Monroe a New Yorker
Marilyn Monroe was a New Yorker since she was about six years old. Her daughter proved this in court in Hawaii and New York that is why the Strasberg's who misappropriated the estate got in trouble with taxes because they wanted to keep rights to image, lies, about the fake character of Marilyn Monroe, who in reality is Nancy Cusumano mother of Nancy Maniscalco Miracle. Nancy Miracle took the estate to court in hawaii and they jumped jurisdiction by shifting case to California soon after they were caught for taxes and the internal revenue but they had already sold off the licensing rights and spent the money. Then in New York heer daughter took them again to court to prove her mother, Nancy Cusumano, was a New Yorker, and they were screwed so this a few years later happened...and the truth was revealed by her daughter but justice has still not prevailed for her natural heir. We hope oneday it will
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