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Reply #60 posted 05/13/16 4:34pm

ilo

Dead men have no business making plans. Or something like that.
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Reply #61 posted 05/13/16 4:51pm

morningsong

My understand it this law is patterned after laws that are already in place in other States, so it's not like they are going in uncharted territory. I don't get the whining.

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Reply #62 posted 05/15/16 10:37am

2freaky4church
1

avatar

Now Prince has a son? I'm confused.

All you others say Hell Yea!! woot!
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Reply #63 posted 05/16/16 10:55am

Eileen

Why media law experts have some serious problems with the Legislature's PRINCE bill


https://www.minnpost.com/...rince-bill


unanticipated limitations on free expression


a gratuitous attempt to capitalize on the goodwill that Minnesotans feel toward Prince


Existing intellectual property law would most likely address most of the legitimate concerns about Prince


essentially a cash grab for attorneys


If someone wants to throw a Prince dance party, they can expect a cease and desist letter from an attorney

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Reply #64 posted 05/16/16 11:23am

morningsong

But if the law is basically identical to the one in California...um...I don't get the opposition beyond saying "the sky is falling" as opposed to using factual cases as in do celebrity representatives in Cali sue based on some random person throwing a party using a celebrities music or image? Does that happen often in Washinton or in Florida where these laws exist? Where is the evidence that this type of thing occurs enough to say this is only an attorney cash grab? Is Minnesota some sort of special hubub?



Jimi Hendrix Right of Publicity Suit
By: Mark Litwak

The Right of Publicity is the right that individuals have to control the use of their name and likeness in a commercial setting. You cannot put a picture of Cher on your brand of pickles without her permission. Everyone has a right of publicity, but it is particularly valuable for celebrities who can earn large fees from endorsing products.

The right is determined under state law. Each state applies its own laws, and the states provide varying treatment on a number of issues. For example, the states decide whether this right is inherited by one's heirs or is a personal right that dies with the celebrity.

California courts first held that the right of publicity was personal and did not descend. In 1984, however, the California legislature changed the law. The legislators enacted Civil Code section 990 which provides that the right of publicity descends for products, merchandise and goods, but does not descend for books, plays, television and movies. A similar statute, California Civil Code section 3344 prohibits the unauthorized use of the name and likeness of living persons on products, except for news and public affairs uses. Both statutes attempt to balance First Amendment rights of journalists and business people against rights of publicity of celebrities and their heirs.

Generally, the state law that applies is the law where the celebrity was domiciled when he or she dies. The state of Washington, however, attempted to expand its rights of publicity so that it would cover even those who did not reside in Washington when they died.

That Washington law, the Washington Personality Rights Act (“WPRA”), was reviewed in a recent decision regarding Jimi Hendrix’s estate's right of publicity. A federal judge in ruled that WPRA violated the U.S. Constitution. The court concluded that applying this law regardless of the law of the domicile of the individual at the time of death was arbitrary and unconstitutional.

WPRA was initially passed in 1998 after a prior decision concluded that Hendrix' publicity rights didn't descend to his father and sole heir, Al Hendrix, since Jimi Hendrix didn't reside in Washington at the time of his death. The law applied retroactively.




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Reply #65 posted 05/17/16 10:40am

OnlyNDaUsa

avatar

Eileen said:

Why media law experts have some serious problems with the Legislature's PRINCE bill


https://www.minnpost.com/...rince-bill


unanticipated limitations on free expression


a gratuitous attempt to capitalize on the goodwill that Minnesotans feel toward Prince


Existing intellectual property law would most likely address most of the legitimate concerns about Prince


essentially a cash grab for attorneys


If someone wants to throw a Prince dance party, they can expect a cease and desist letter from an attorney

yup lots of issues with the scope of the bill

"Keep on shilling for Big Pharm!"
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Reply #66 posted 05/17/16 1:44pm

laurarichardso
n

Eileen said:

It's an extremely poorly written law, likely to unconstitutional extremes, and it's quite distressing that fans don't care about that. I suppose that's probably why it's so poorly written.




https://www.washingtonpos...ction-act/

An unfortunate bit of silliness from the Minnesota legislature: the PRINCE Act (as in Personal Rights In Names Can Endure)

the PRINCE Act actually violates itself, by using an individual’s name “in any medium in any manner” without consent!


http://boingboing.net/201...se-bi.html

the broadest, most ill-considered publicity rights bill in American history

the PRINCE Act attains a new level of badness... It would ban novels about Prince fans


https://www.eff.org/deepl...prince-act

Minnesota proposal is the worst we’ve seen so far

broad and indefinite rights to shut down all kind of legitimate speech and activities in perpetuity



a bad idea, badly executed


http://www.startribune.co...379061161/

last-minute legislative flurry would be a terrible mistake

may be sticking them with a huge tax bill



celebrities and their heirs can threaten suit whenever they choose

Music and movie stars hardly need additional special privileges to encourage them to pursue fame




-- A law like this already exist in California. So why is this one so bad. Plenty of people in the power structure do not like the things Prince had to say about ownership and these idiot editorial are the proof.
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Reply #67 posted 05/17/16 8:20pm

bilbolives

http://www.startribune.com/effort-to-lock-down-publicity-rights-for-prince-heirs-encounters-controversy-at-capitol/379884991/

The Minneapolis Star Tribune is reporting the act is being scaled back to just ensuring the rights are protected after someone dies.

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Reply #68 posted 05/17/16 10:14pm

Eileen

bilbolives said:

http://www.startribune.com/effort-to-lock-down-publicity-rights-for-prince-heirs-encounters-controversy-at-capitol/379884991/

The Minneapolis Star Tribune is reporting the act is being scaled back to just ensuring the rights are protected after someone dies.


Thanks. Sounds like the over-reaching trustees and politicos were brought back to earth by both the local and national arts communities. When even the grasping MPAA says you've gone too far, it's time to pack it in.


Unfortunately it sounds like they are going to try for more next session, but at least there will be a lot of eyes upon future bills due to all the attention drawn by the outrageous, unconstitutional proposal they tried to jam through.

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Reply #69 posted 05/18/16 1:32pm

chelray1

avatar

This whole thing is a huge waste of time. Lawyers are the ones who stand to get rich.....

[Edited 5/18/16 13:35pm]

FREE THE MUSIC - "Official or NOT"
Ultimate Guide 2 Prince Bootlegs: http://4thefunk.com
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Reply #70 posted 05/18/16 6:53pm

bilbolives

http://www.startribune.com/minnesota-state-lawmaker-pulls-prince-bill-amid-concerns/380040241/

The Minneapolis Star Tribune is noting that the bill has been pulled amidst concerns raised about unintended consequences.

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Reply #71 posted 05/18/16 7:54pm

Eileen

bilbolives said:

http://www.startribune.com/minnesota-state-lawmaker-pulls-prince-bill-amid-concerns/380040241/


The Minneapolis Star Tribune is noting that the bill has been pulled amidst concerns raised about unintended consequences.


Nice to witness some pols doing the right thing, at least for one session. Doesn't happen nearly often enough.

thumbs up!

[Edited 5/18/16 20:13pm]

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Reply #72 posted 05/19/16 7:00am

chelray1

avatar

Eileen said:

bilbolives said:

http://www.startribune.com/minnesota-state-lawmaker-pulls-prince-bill-amid-concerns/380040241/


The Minneapolis Star Tribune is noting that the bill has been pulled amidst concerns raised about unintended consequences.


Nice to witness some pols doing the right thing, at least for one session. Doesn't happen nearly often enough.

thumbs up!

[Edited 5/18/16 20:13pm]

So glad this thing didnt go through...

FREE THE MUSIC - "Official or NOT"
Ultimate Guide 2 Prince Bootlegs: http://4thefunk.com
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Reply #73 posted 05/19/16 8:51am

1817

So the bill has been "set aside", according to Billboard, to collect dust and be forgotten of course.....sounds like some folks just sold out. Its basically a free for all now! what a shame! i still dont buy he had no will or trust...bet u it was hand written, tucked away in the Vault...then the thieves came, broke into the Vault, for prupose of an offical bogus investigation.....and there we go thieves in the temple!
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Reply #74 posted 05/19/16 8:48pm

bilbolives

http://customwire.ap.org/dynamic/stories/U/US_PRINCE_LEGISLATION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

The Associated Press also reported the shelving of the act.

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Reply #75 posted 05/20/16 8:19am

BanishedBrian

1817 said:

So the bill has been "set aside", according to Billboard, to collect dust and be forgotten of course.....sounds like some folks just sold out. Its basically a free for all now! what a shame! i still dont buy he had no will or trust...bet u it was hand written, tucked away in the Vault...then the thieves came, broke into the Vault, for prupose of an offical bogus investigation.....and there we go thieves in the temple!


The legislation in question had nothing to do with an estate's ownership of music or video. It was solely related to their ability to own his likeness.

There are no Thieves in the Temple tonight.

No Candy 4 Me
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Reply #76 posted 05/20/16 1:11pm

yasetshego

UncleGrandpa said:

It's good that this is happening now because it would put to a halt all of the bootleg items being sold on Facebook with his face and name, we now damn well he would not have endorsed phone cases and jewelry with the symbol on it.

Not true. I purchased a Love Sign Chain at his LoveSexy concert. Cost an arm and a leg too.

"Ain' nobody BAAAAAAAD like Meeeee!" c. Morris Day
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Reply #77 posted 05/20/16 1:14pm

yasetshego

tollyc said:

Why is this a good thing?

The reality is these modern technologies such as google/youtube will allow a new generation of fans to curate his legacy and for a new audience to meet his music. If they start taking stuff off the websites his legacy is over (as us die hards die off).

EXACTLY. I enjoy reading the comments of youth stating they JUST discovered his music from youtube.

"Ain' nobody BAAAAAAAD like Meeeee!" c. Morris Day
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Reply #78 posted 05/23/16 11:55pm

auburgine

avatar

AnonymousFan said: agreed

luv4u said:

With reporting from Toni Randolph


UPDATED 11 a.m. with bill details.


Minnesota lawmakers are rushing to enact a law that would restrict the use of Prince's name and likeness in commercial ventures, affording more control to heirs of the late musician's estate.

They're dubbing it the PRINCE Act, short for the Personal Rights in Names Can Endure law.........................

http://www.thecurrent.org...803adf3ca0

Link to Bill SF 3609 https://www.revisor.mn.go...ion=latest

YES!!! WE NEED THIS!!!

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Reply #79 posted 05/24/16 12:03am

auburgine

avatar

yes, we want to utilize the "modern technologies". however, "google/youtube" are monetized, with profits not going to the artists/survivors, particularly the *bootleg* videos/music. perhaps, the p.r.i.n.c.e. law will encourage fans to pay to watch the videos and to listen to the music, like a tidal business model?

tollyc said:

Why is this a good thing?

The reality is these modern technologies such as google/youtube will allow a new generation of fans to curate his legacy and for a new audience to meet his music. If they start taking stuff off the websites his legacy is over (as us die hards die off).

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Reply #80 posted 05/24/16 1:00am

Eileen

auburgine said:

yes, we want to utilize the "modern technologies". however, "google/youtube" are monetized, with profits not going to the artists/survivors, particularly the *bootleg* videos/music. perhaps, the p.r.i.n.c.e. law will encourage fans to pay to watch the videos and to listen to the music, like a tidal business model?


It is not true to say money would not go to the artists/heirs without the PRINCE Act.

Copyright owners do have the right to sign up to receive such income from Youtube. One might argue on the percentage split, or ease of identification of owned content, however the program does exist.

The PRINCE Act doesn't change that for music or music videos, except to likely make legal "fair use" usages even more difficult.

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Reply #81 posted 05/24/16 8:09pm

dysanfel

I want to actually read the law before making any judgements. Any links to the actual bill? I don't trust what politicians, the media, commentors, or the media have to say about what the bill. I want to make up my own mind.

EDIT: oh, its here. I am going to read it and see for myself. Link to Bill SF 3609 https://www.revisor.mn.go...ion=latest

[Edited 5/24/16 20:11pm]

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Reply #82 posted 06/01/16 12:33pm

CharlieGriffin

This has come a bit late considering all the stuff that went on sale almost immediately after his death was announced. I'm guilty of buying a few T shirts, but I agree that something should be done to stop fraudulent items from being sold and to protect the copyrights for the heirs.

It's too bad that Prince didn't leave detailed instructions on how to handle his estate in the event of his passing. Seems he would have wanted his affairs handled with respect and fairness and would have ensured this.

What really gets to me are the British tabloids reporting all sorts of outlandish tales about the cause of death. I think they take it a little too far with their speculations, especially reporting that he had AIDS.

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Reply #83 posted 06/01/16 12:33pm

CharlieGriffin

dupe

[Edited 6/1/16 12:49pm]

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Reply #84 posted 06/01/16 12:34pm

CharlieGriffin

dupe err

[Edited 6/1/16 12:50pm]

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Reply #85 posted 06/08/16 8:15pm

suomynona

avatar

bumpit

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Reply #86 posted 06/09/16 12:53am

Eileen

This is a sad thread to bump, really. The board has more than a sackload of posts and threads with people excited about this tribute, that tribute, Prince parties, tours, celebrations, special mags... all of which would be illegal or at least sue-able offenses if the PRINCE Act had passed.

Everyone would be sitting around waiting (read: complaining vociferously on the org) for the estate to create licensing procedures and hiring expert pricing consultants and inviting corporations to submit bids to be selected as Officially Licensed Prince Estate Vendors.

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Reply #87 posted 06/09/16 1:00am

babynoz

If the bill has been withdrawn why are people still whining about it? rolleyes

Prince, in you I found a kindred spirit...Rest In Paradise.
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Reply #88 posted 06/09/16 1:04am

Eileen

babynoz said:

If the bill has been withdrawn why are people still whining about it? rolleyes


No idea why the thread was bumped, however beyond that the sponsor did state that he is committed to introducing a new version of the bill next session.

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Reply #89 posted 06/09/16 1:41am

babynoz

Eileen said:

babynoz said:

If the bill has been withdrawn why are people still whining about it? rolleyes


No idea why the thread was bumped, however beyond that the sponsor did state that he is committed to introducing a new version of the bill next session.



Then we can talk about it when and if that happens.

Prince, in you I found a kindred spirit...Rest In Paradise.
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Forums > Prince: Music and More > 'PRINCE Act' Rushed Before Minnesota Lawmakers to Protect Heirs' Rights