does she in fact retain any intellectual property rights in this case? I had a Vero issue some time ago with a very famous and prominent actor. His lawyers sent me a 20 page document stating that no one was able to make money from the use of his name or image without his permission (or something along those lines). I wasnt about to get into a legal battle with this guy and just never bothered mentioning his name again in any of my listings.
I think there are some grey areas with these laws. If someone has unlimited resources and wants to push the issue it could cause a heck of a lot of angst. Sometimes the best course of action is to just move on not list anything from the person who has made the complaint. Regards John Website: www.moviemem.com JOHN REID VINTAGE MOVIE MEMORABILIA PO Box 92 Palm Beach Qld 4221 Australia ----- Original Message ----- From: James Richard To: [email protected] Sent: Thursday, March 04, 2010 9:42 AM Subject: Re: [MOPO] More E-Bay shennanigans.... 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 Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
