Long-Dead Celebrities Can Now Breathe Easier

Written by Elizabeth Rhinewold Sunday, 27 November 2011 21:28

LOS ANGELES, CA - She may have been a candle in the wind, but Marilyn Monroe still knew how to dye her hair, pout her lips and exploit what nature had handed her. And when she died, in 1962, without natural heirs, she bequeathed her assets — including, presumably, her publicity rights — to her acting coach, Lee Strasberg.

The notion that celebrities could even confer the right to cash in on their personas post mortem was in dispute until 1984, when the California Legislature passed a bill that allowed stars to leave such rights in their wills. In May of this year, however, two federal courts interpreted the bill with regard to the Monroe estate in a way that excluded her and other celebrities who died before the Legislature’s action.

 With some nudging from the Screen Actors Guild and the Monroe estate, the California Senate drafted clarifying legislation. Senate Bill No. 771, affectionately known as the Dead Celebrities Bill, passed without objection and was signed by Gov. Arnold Schwarzenegger earlier this month.

Both federal courts had ruled that Monroe’s rights of publicity terminated at her death because she had no statutory heirs to inherit them, and she possessed no legal right to bequeath them. The opinions argued that California might have created that specific property right, but not until 1985 — more than 20 years after her death.

First, the original statute defined a deceased celebrity as one who had died within the 50 years before 1985. (In 1999 the Legislature changed the definition to 70 years.) And second, the original legislation was passed with the strong encouragement of the John Wayne estate — and Wayne had died in 1979.

The legislation pertains to California residents, and celebrities living in other states may not be protected. “Although most actors establish their wills in California, theatrical actors would have to be concerned about this in New York,” Ms. Kuehl said, “as well as writers, novelists and poets.”

By ....Jordana Lewis