Lugosi v. Universal Pictures
Lugosi v. Universal Pictures | |
---|---|
Case opinions | |
Per curiam. | |
Concurrence | Mosk |
Dissent | Bird, joined by Manuel, Tobriner |
Superseded by | |
California Celebrities Rights Act |
Lugosi v. Universal Pictures, 603
History
In September 1930,
[Lugosi heirs] seek to recover the profits made by [Universal Studios] in its licensing of the use of the Count Dracula character to commercial firms and to enjoin [Universal Studios] from making any additional grants, without [their] consent .... The action, therefore, raises the question of whether Béla Lugosi had granted to [Universal] in his contracts with [Universal] merchandising rights in his movie portrayal of Count Dracula, the nature of such rights, and whether any such rights, if retained by Béla Lugosi, descended to the [Lugosi heirs] ....
Ruling
After eleven years of litigation, the trial judge ruled in favor of the Lugosi heirs, awarded them $70,000, and barred
Aftermath
The California Celebrities Rights Act of 1986 created an inheritable right to a person's name or likeness for 70 years after death. Legislation passed in 2007 extended that right retroactively to all persons who have died since January 1, 1938.
See also
- Shaw Family Archives Ltd. v. CMG Worldwide, Inc. (2007), a court case involving Marilyn Monroe's posthumous personality rights
References
- CEB. Retrieved February 12, 2020.
- ^ Arthur Lennig, The Immortal Count, University Press of Kentucky, 2003 ISBN 978-0-8131-2273-1.
- ^ a b "Lugosi v. Universal Pictures, 603 P.2d 425 (Cal. 1979)". FindLaw. Retrieved February 14, 2007.
In this decision preceding (and precipitating) the Legislature's enactment of Section 990, the California Supreme Court held that rights of publicity were not descendible in California. Béla Lugosi's heirs, Hope Linninger Lugosi and Bela George Lugosi, sued to enjoin and recover profits from Universal Pictures for licensing Lugosi's name and image on merchandise reprising Lugosi's title role in the 1930 film, "Dracula." The California Supreme Court faced the question whether Béla Lugosi's film contracts with Universal included a grant of merchandising rights in his portrayal of Count Dracula, and the descendibility of any such rights. Adopting the opinion of Justice Roth for the Court of Appeal, Second Appellate District, the court held that the right to exploit one's name and likeness is personal to the artist and must be exercised, if at all, by him during his lifetime. Lugosi, 603 P.2d at 431.
- Béla Lugosi, star of the Dracula films, tried to take this doctrine a step further. They argued that this right was essentially property and therefore should pass on to heirs. In a California suit, they asked the courts to stop Universal Picturesfrom merchandising 70 Dracula products, ranging from jigsaw puzzles to belt buckles, and sought compensation based on the profits. Citing the First Amendment, Universal replied that the design of merchandise is a form of free speech that should not be restrained by anyone's heirs. Besides, said Universal's lawyer, Robert Wilson, Lugosi "attained fame and fortune because the company made and distributed the movies he starred in." After eleven years of wrangling, a trial judge decided in favor of the Lugosis, giving them $70,000 and barring Universal from merchandising Lugosi's likeness. ... In December the California Supreme Court reversed the Lugosi decision.