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Michael Jackson Right of Publicity: Elvis Presley Enterprises Shows the Way to Riches
© Cheryl Hodgson 2009 | Posted on July 6, 2009
Michael Jackson’s right of publicity is likely to add big bucks to the net worth of his estate in the years ahead. Controlled licensing of Michael's right of publicity, i.e. his name, image and likeness will increase his Intellectual Property portfolio dramatically. It's now not only about his music, but also about brand management, namely Michael Jackson, the brand. Will we soon see bobbing Michael Jackson figures in car windows like the old days? Like it or not, the market will be filled with unauthorized usages, so a well crafted licensing program by the Estate is not only but inevitable but makes good business sense.
Mourner views Michael Jackson figure
Michael’s former wife Lisa Marie Presley can offer guidance about the road to riches for a deceased legend. Just look to the history of the Elvis Presley Estate to learn how the right of publicity changed her financial destiny. When Elvis died in 1979, he left his estate in trust to then minor Lisa Marie. Through the astute moves of mom Priscilla and expert advisors, the Elvis estate went from financial difficulties to yearly licensing revenues of $ 45 million in 2003.
The Elvis Estate even acquired the strip mall near Graceland which was selling unlicensed knock offs of Elvis memorabilia. Over time the tenants were replaced with licensed, revenue generating shops offering trinkets for Graceland visitors. .
In February 2005, Lisa Marie sold her father’s right of publicity to Robert F.X. Sillerman and his media and entertainment company . CXX acquired an 85% interest in Elvis Presley Enterprises, Inc., including its physical and intellectual properties. EPE is now a subsidiary of CKX, Inc., which is a publicly traded company listed on the Nasdaq National Market System under the ticker symbol CKXE.
During my recent trip to Vegas for the licensing show, my most graphic memory was that Elvis is indeed alive and well. His booth at the licensing show was truly fit for a king. Expect Michael to have one of his own in the years ahead. Michael’s estate, under the guidance of attorney John Branca and chosen IP experts, will also likely emerge larger than real life. May Michael rest in peace.
Technorati Tags: Add new tag, brand management, Branding, Copyright, Entertainment Law, Intellectual Property, police your mark, right of publicity, trademark
8 Comments »
July 6th, 2009 at 10:14 pm
There is a line in “The Latent Heterosexual,” a play by Paddy Chayefsky, where the business manager tells the hero that his financial problems could be solved upon his demise: “You could make a hell of a killing if you were to die,” he says.
July 7th, 2009 at 5:19 am
I agree with John… Michael’s estate will probably have a bigger income this year than in previous years (and it will probably outstrip what he would have earned from the “This is It” bunch of concerts).
You have to wonder how many unreleased demo tracks are out there.. I would be unsurprised to see those released.
Is there a single iconic picture of MJ in the same way as Ali or Monroe?
July 7th, 2009 at 7:58 am
I’m sure there are many unreleased demo tracks. One lawyer friend has had calls from “owners” of tapes wanting to know if it’s legal for them to “cash in.”
July 8th, 2009 at 8:10 am
The other question for me was what they would do to try to clean up any negative associations with the name – obviously he’s worth more when he has been “cleaned”.
Last night that was answered, as terrible as it is to say (and I am a massive MJ fan).
July 8th, 2009 at 3:12 pm
Does anyone know whether a company has been designated to handle IP licensing for Michael Jackson’s estate? We are interested in obtaining a license for use of his name/image on commemorative frames, but it is a maze to figure out who is handling this and what the process is.
July 8th, 2009 at 4:17 pm
Lucie:
I have forwarded your comment to someone who should know and will let you know as soon as I hear.
Regards,
Cheryl Hodgson
July 16th, 2009 at 12:16 am
Hi,
This is a very nice article that you have written.
It is true that half the world would be trying to cash in on the whole thing, but the people who deserve it are his family memebers specially his kids.
Like i said when i heard about his death. The moon walk may never ever be seen live again and pop to me is dead! Rest in peace the King of Pop cause you have made many people laugh and cry with your exceptional talents.
Also lastly Mrs. Hodson i would be grateful i could work with at some point whenever it is that your looking for people to assist you in your work.
Regards,
Arvind Gopal
Legal Officer,
Lawyerscollective,
HIV/AIDS Unit,
New Delhi,
India.
August 3rd, 2011 at 3:49 am
This article was really good. I look forward to reading another one.