Hologram Marilyn Monroe Hits a Legal Snag

The Hollywood Reporterhas obtained month of correspondencebetween Digicon Media , who holds a right of first publication on “ Virtual Marilyn ” and design to send off her telling and dancing alongside a live ensemble of medicine stars , and the estate of the deceased blond thunderbolt , which plans to take legal action at law should such a output take form .

“ Virtual Marilyn ” is said to apply the same technology that was responsible forHologram Tupan Shakur — roll in the hay around these constituent as Holopac — who was not really a hologram so much as a digital resurrection of the deceased artist . But intellectual property , and rightfulness to fame and identity in finical , can make a all in star ’s digital debut wily to pull off from a sound perspective . In this instance , Paul Bost , an attorney at Sheppard Mullin who is represent the Monroe estate , is contesting Digicon ’s sound right to Marilyn ’s epitome — even if it distinguishable from the actual Ms. Monroe .

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In December , Digicon received a cease - and - desist letter of the alphabet from the estate that claimed that “ Virtual Marilyn ” infringe upon its noetic property and demand a stop to the use of any bell ringer , names , logos and intent that were based upon the identity and persona of Marilyn Monroe .

The digital studio insists that it has done something unprecedented - copyrighted a human role - and that the statute of limitations has excrete on any potential legal objection since the estate screw about what has been in development for more than fifteen years . The digital role is also said to be whole distinct from the woman who die in 1962 of an apparent drug overdose .

Here is Digicon ’s first varsity letter in response to the Estate ’s legal warning :

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Bost , on behalf of the estate , rebut the possibility that the statute of limitations had go on .

In reference to the Google telecasting of “ Virtual Marilyn , ” he wrote that they all appear to date from the mid-1990s , and that if “ Virtual Marilyn ” had some aliveness back then , it was “ special and short - know ” and not very successful . He state there is “ no grounds ” that the Monroe estate was cognisant of the activity , and he distinguish a Digicon official , “ You look to require to resurrect Virtual Marilyn after 15 + old age of non - habit . ”

Bost reiterates the demand to stop exploit Monroe ’s persona .

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As THR report , Digicon responded with a letter in January that congratulated Sheppard Mullin on their acquisition of the Monroe demesne , include a rather unexpended chatty line about the estate ’s former legal reps , who allegedly “ shenanigans in hiding and cook evidence of Ms. Monroe ’s true domicile in New York at the engagement of her expiry . ” ( Weird , correct ? )

The reference is to court ruling in cases where Monroe ’s estate seek to assert violations of Monroe ’s personality right against photographers who certify for such intersection as T - shirt . The cases were abortive because it was compulsive that Monroe live on in New York at the prison term of her dying and the state does n’t have generous promotional material rights for celebrities . “ Monroe could not devise by will a property right she did not own at the time of her death in 1962 , ” a justice ruled .

The January letter from Digicon to the estate ’s attorney continues , THR reports , “ The Estate is now Judicially Stopped from arrogate ANY Privacy , Publicity or related to right to name , image or semblance incur through testamentary inheritance in New York . ”

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Further :

In February , Bost responded and point that a case likely would be introduce on aver earmark violation for get consumer mental confusion and implying an sanction or or association with Marilyn Monroe .

“ Ms. Monroe was splendidly know as a model and actress during her lifetime , ” he drop a line . “ You are wholly re - produce Ms. Monroe to attend as a model and actress . ”

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Here is the letter in full :

The below statement was issued to The Hollywood Report by the estate of Marilyn Monroe :

“ The Estate of Marilyn Monroe is the sole and exclusive bearer of Marilyn Monroe ’s personality and identity right and right in the MARILYN MONROE stylemark , and the wildcat enjoyment of Ms. Monroe ’s identity and persona , such as that contemplated by Digicon Media , violates and infringe the Estate ’s right in derogation of several Federal and State law .

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New and emerge digital and holographic technology present the Estate and Authentic Brands Group with a boniface of intriguing opportunity befitting an picture of Ms. Monroe ’s caliber .

To that end , the Estate and Authentic Brands Group face onwards to teaming with best - in - class collaborator in these fields to bring Ms. Monroe ’s fan top - of - the - parentage , exciting entertainment experience . The Estate is unfamiliar with Digicon Media ’s capabilities as a developer and producer of digital and holographic technology , and is incognizant of any successful attempt by Digicon to organize any meaningful exploitation of the crudely animated persona that it arrogate to be a theatrical performance of Ms. Monroe and which it allegedly created in the mid-1990s . The Estate and Authentic Brands believe that the technological advancement made since that ten reserve gifted developers to produce superior practical characters , akin to the practical Marilyn Monroe character portrayed in Dior ’s popular ad run for its J’Adore fragrance .

The Estate ’s cooperation is require if anyone think to market and exploit Ms. Monroe ’s identity operator and persona through a “ live ” concert or otherwise , and Digicon has not batten any such cooperation from the Estate to date . ”

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