Owners of Marilyn Monroe photographs have won a decisive legal victory in the US Court of Appeals for the Ninth Circuit in San Francisco, which has affirmed that Marilyn Monroe heirs have inherited no rights of publicity to the actress’s likeness. The dec
The decision means that Monroe’s heirs cannot control how images of the actress are used commercially, and cannot demand fees whenever those images are licensed for use on calendars, posters, memorabilia, or other products.
We need to stop shoe-horning cultural use into the little carve-outs in copyright, such as fair dealing and fair use. Instead we need to establish a new copyright regime that reflects the age-old normative consensus about what’s fair and what isn’t at the small-scale, hand-to-hand end of copying, display, performance and adaptation.