Michael Jackson Estate Claims Prank Caller Can't Sell Recording Because It Has Jackson's Voice On It

from the is-that-a-copyright-claim? dept

Tue, Jul 12th 2011 5:45am — Mike Masnick

btr1701 points us to a story about Michael Jackson's estate trying to stop the sale of a recording of a prank phone call from prankster Ralphige, supposedly to Michael Jackson. In the call, Ralphige pretended to be Akon. Previously, Michael Jackson (and the estate) had always claimed that Ralphige was not talking to the real Michael Jackson, and that the call was really between two people impersonating two other people. But, now that the Ralphige is selling the tape, the estate is suddenly claiming that it really was Michael, so that they can try to stop the sale of the tape. Of course, that confirms what Ralphige said all along about it being real... As for whether or not the Jackson estate has a legal claim here, I'm guessing they're using a publicity rights claim, but it's questionable as to whether or not that really applies. Since the whole thing is a prank call, no one thinks that MJ "endorsed" the call. It seems like yet another abuse of intellectual property law to try to stop something that may be embarrassing , but not illegal.

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Filed Under: copyright, michael jackson, prank call

17 Comments

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Gabriel Tane (profile), 12 Jul 2011 @ 5:58am

it's embarrassing to a HOLY AND SAINTED CELEBRITY! Not only should it be illegal, it should be punishable by DEATH!

How dare... um... this guy (whom I never heard of) sell this tape (I never heard about until this lawsuit)?!
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John Doe, 12 Jul 2011 @ 6:11am

Not to seem cold here...
...but how do dead people have any publicity rights or any rights at all for that matter? I guess if you can hold copyright from the grave for 70 years you can get publicity rights too.
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Donnicton, 12 Jul 2011 @ 6:15am

The Barbara Streisand effect is a wonderful thing.
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Kevin (profile), 12 Jul 2011 @ 6:17am

Jesus, Mike
Didn't you take Civics 101? Don't you read the Constitution? We are a nation of laws, and laws exist to protect the defenseless wealthy and powerful elites from public embarrassment caused by their own improprieties and foolish actions.

Just look at how our president, a constitutional scholar and former law professor sworn to uphold the law, has spent his presidency relentlessly prosecuting and depriving of human rights the depraved whistle-blowers who have embarrassed Our Most Holy and Sacred Government, and its constituent Supreme Wealthy Elites. This is precisely what it means to enforce the letter of the law.

I'm always surprised when commentators don't understand the basic facts involved in what they're reporting.
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Kevin (profile), 12 Jul 2011 @ 6:19am

Re: Not to seem cold here...
It's not about Michael Jackson's rights. It's about the rights of his descendants to continue to make money off his success without contributing anything to society.

Reaganomics 101: the "trickle-down" effect. Michael Jackson made lots of money by successfully making lots of things people wanted to consume, and if we leave that money alone, it will trickle down and benefit everyone from his children to his grandchildren to maybe even his great-great-grand-nieces-and-nephews!
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Anonymous Coward, 12 Jul 2011 @ 6:41am

IP laws aside, what about the phone call being recorded? Was it in a state without two party consent?
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PRMan, 12 Jul 2011 @ 6:42am

Audio recording?
I don't approve of the law, but aren't single party audio recordings illegal in California?
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Chuck Norris' Enemy (deceased) (profile), 12 Jul 2011 @ 6:46am

Re: Re: Not to seem cold here...
That is certainly a new twist on "trickle-down" I never heard before. Good thing Reagan came up with it, because this didn't exist prior with the Rockefellers or anyone else that I am aware of.
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AJBarnes, 12 Jul 2011 @ 6:47am

Here we go again...
Like Elivs, Michael will never die.
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Anonymous Coward, 12 Jul 2011 @ 7:01am

Re: Audio recording?
I don't approve of the law, but aren't single party audio recordings illegal in California?

Was the recording made in California?
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Ninja (profile), 12 Jul 2011 @ 7:01am

Re: Not to seem cold here...
Call the 6th sense kid. He'll know what to do.

This insane copyright life span is laughable.
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Prisoner 201, 12 Jul 2011 @ 7:03am

This has to be stopped, or there will be no incentive for dead poeple to answer the phone.
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Butcherer79 (profile), 12 Jul 2011 @ 7:18am

I completely agree with one of the statements made above, though to protect myself from prosecution I will make no attempt to "quote" or copy it into my own post...
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Haywood (profile), 12 Jul 2011 @ 7:49am

Re: Here we go again...
But at least, like Elvis, the fan base will seem sillier as time goes on.
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Gabriel Tane (profile), 12 Jul 2011 @ 10:05am

Re: Here we go again...
That's not funny... people are ALREADY taking that seriously:

http://www.imdb.com/title/tt1950069/

Where's my "I don't want to live on this planet anymore" Farnsworth image?
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Sean T Henry (profile), 12 Jul 2011 @ 10:22am

Re: Re: Audio recording?
One would assume that MJ was at Neverland Ranch during the call so one party was in CA applying CA law for eves dropping so if he is charged as a criminal he can be fined up to $2500 and no more than a year in jail.
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Anonymous Coward, 12 Jul 2011 @ 11:29am

Re: Re: Re: Audio recording?
One would assume that MJ was at Neverland Ranch during the call so one party was in CA applying CA law for eves dropping so if he is charged as a criminal he can be fined up to $2500 and no more than a year in jail.

California law doesn't apply outside of California. So, where was the recording made?
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