Peter,
No, of course she has no legal ground to stand on here -- when Mara
Corday did the movies she signed releases with the studios giving them
total ownership and control over her name and likeness in conjunction
with making, distributing and publicizing these films. These posters and
photos were part of those studio publicity campaigns.
If anyone has any legal claim to these items it is the studios who
produced the films (or whatever corporation now holds title to those
studio assets after all these years). And we all know the studios are
not interested in pursing actions against those who sell their old movie
posters, photos and related publicity items.
Mad Lady Corday signed away all her rights to this stuff half a century
ago. Her lawyer knows this, of course, but he's riding the gravy train
and not about to queer the deal. Ebay knows it too, but they'd rather
screw with their sellers than take the remote chance that Corday's
lawyer might actually formally file a lawsuit (even if it is a totally
groundless claim and would eventually be dismissed by the court).
-- JR
peter contarino wrote:
First of all: Mara who? Secondly, does she in fact retain any
intellectual property rights in this case? SEAN, what say you?
-peter
*From:* MoPo List [mailto:[email protected]] *On Behalf Of
*Jeff Potokar
*Sent:* Wednesday, March 03, 2010 1:35 PM
*To:* [email protected]
*Subject:* Re: [MOPO] More E-Bay shennanigans....
Her agents/people have done this with other of her items on ebay...
On Mar 3, 2010, at 10:29 AM, Captain Bijou wrote:
*Fellow MOPOers:*
*Last week, I listed an original 8" x 10" studio release portrait --
not a copy or restrike -- of Mara Corday from the 1956
Universal-International western, RAW EDGE.*
*Today, E-Bay pulled the still and sent me the following message:*
Dear captainbijou:
You recently listed the following listing:
370342103917 - MARA CORDAY 1956 ORIGINAL 8x10 PORTRAIT
Your listing has been removed.
The rights owner or an agent authorized to act on behalf of the rights
owner, Mrs. Richard Long aka Mara Corday, notified eBay that this
listing violates intellectual property rights. When eBay receives a
report of this type of violation, we remove the listing to comply with
the law.
Listings or items that contain a celebrity's name, likeness, or
signature may infringe his/her right of publicity. This right is
generally defined as an individual's right to control and profit from
the commercial use of his/her identity, and is not limited to only
celebrities.
You may need the celebrity's authorization to use his/her name,
likeness, or signature in a listing or to list an item using such
elements. Items that contain a celebrity's name, likeness, or
signature may infringe his/her right of publicity. Such items are not
permitted on eBay, unless they were made or authorized by that person.
*.......and so it goes.*
*Earl Blair*
*CAPTAIN BIJOU*
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