morinen
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In the light of the recent lawsuit over the "Last photoshoots" documentary, I was thinking about the concept of "Michael's image and likeness" and the Estate's claims for copyrights. Here's what I don't understand:
1. The Estate owns "Michael's image and likeness" and managed to shut down Mann's enterprises due to ownership. If one wants to create a commercial enterprise or product with the name "Michael Jackson" or his picture on it, they have to obtain permission from the estate. Yet there are lots of unauthorized books or documentaries that use "Michael Jackson" in the name, his photo on the cover or footage with him inside. Why doesn't the estate take an issue with that?
2. Hamid Moslehi posted his photos of MJ publicly on his web-site. I'm sure they were made as part of "work for hire" too, but the Estate didn't have an issue with that. Yet they do have an issue with 7 photos in the "Last Photoshoots". What's the difference?
3. Brad Buxer, Steve Porcaro and other Michael's collaborators say that they can't release any music they have with MJ's vocal because the estate owns a copyright. Yet Barry Gibb released "All In Your Name" with MJ's vocal and was selling it commercially - nobody said a word. Does this mean the Estate sanctioned it? Paul Anka released "This is it" as a duet - does this mean the estate sanctioned it?
4. Does the estate own copyright to vocal only or to vocal and music? What if the music was written by someone else and Michael only sang the song?
5. Once a song is released publicly, do musicians have to obtain the Estate's permission to remix the song or change the arrangement? (E.g. now that "She was lovin me" is released, is Cory Rooney allowed to release his new version that he reworked with Taryll?)
1. The Estate owns "Michael's image and likeness" and managed to shut down Mann's enterprises due to ownership. If one wants to create a commercial enterprise or product with the name "Michael Jackson" or his picture on it, they have to obtain permission from the estate. Yet there are lots of unauthorized books or documentaries that use "Michael Jackson" in the name, his photo on the cover or footage with him inside. Why doesn't the estate take an issue with that?
2. Hamid Moslehi posted his photos of MJ publicly on his web-site. I'm sure they were made as part of "work for hire" too, but the Estate didn't have an issue with that. Yet they do have an issue with 7 photos in the "Last Photoshoots". What's the difference?
3. Brad Buxer, Steve Porcaro and other Michael's collaborators say that they can't release any music they have with MJ's vocal because the estate owns a copyright. Yet Barry Gibb released "All In Your Name" with MJ's vocal and was selling it commercially - nobody said a word. Does this mean the Estate sanctioned it? Paul Anka released "This is it" as a duet - does this mean the estate sanctioned it?
4. Does the estate own copyright to vocal only or to vocal and music? What if the music was written by someone else and Michael only sang the song?
5. Once a song is released publicly, do musicians have to obtain the Estate's permission to remix the song or change the arrangement? (E.g. now that "She was lovin me" is released, is Cory Rooney allowed to release his new version that he reworked with Taryll?)
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