Skip to main content

Madonna, Marlon Brando estate set to settle lawsuit over 'Vogue' performance




Keystone/Getty Images file
Madonna and Marlon Brando.
Madonna is about to resolve litigation with Marlon Brando's estate over using the late actor's image when she performs the song "Vogue" in concert.
The lyrics to the song list out many celebrities ("Greta Garbo, and Monroe / Deitrich and DiMaggio ...") and Madonna has made it a habit to use images of dead celebrities in her set dressing.
But to do so, she arguably needs permission from the estates, and two lawsuits were filed last year over her alleged failure to get it.
CMG Worldwide, an Indiana-based firm that manages the intellectual property rights of many dead stars, sued first, looking to protect Madonna. CMG was in charge of clearing rights for Bhakti Touring Inc, which represented Madonna when she went out on her MDNA world tour after last year's Super Bowl halftime performance.
Madonna was to pay $5,000 each to the estates of James Dean, Jean Harlow, Ginger Rogers, etc., and CMG thought it had agreed to a likewise deal with reps for the Brando estate. But according to a suitfiled in September, Brando's licensing reps increased their demands to $20,000, which represented a problem since it meant that Madonna would then have to also pay $20,000 to each of the other dead celebs thanks to "most favored nation" contractual clauses. It might have made "Vogue" too costly to be performed as intended.
CMG sued, seeking a declaration that Brando's estate and its agents be prevented from bringing any lawsuits against CMG, Bakhti and Madonna for violations of Brando's intellectual property. The plaintiff claimed to have a valid and enforceable contract.
The Brando estate nevertheless returned fire with its own lawsuit against Madonna in October, accusing her of having "intentionally, negligently, and/or willingly used the Brando IP Assets for the purposes of attracting attention to the Tour, to the individual concerts and to the song 'Vogue' itself and for the purpose of enhancing the advertising and marketing thereof."
Suing for misappropriation of publicity rights and trademarks, the Brando estate sought $100,000 for each non-willful use and $1 million for each willful use.
The parties have informed the court that they had reached a settlement in principle but need time to execute the settlement agreement. Terms haven't yet been revealed. The Brando estate is known for its litigiousness in protecting rights, suing in the past over such allegedly exploitative items as motorcycle boots and sofas. The actor, who died in 2004, won Oscars for "On the Waterfront" and "The Godfather" and also starred in such films as "A Streetcar Named Desire," "The Wild One" and "Last Tango in Paris."

Comments

Popular posts from this blog

Madonna Nipple During Istanbul Concert

#Madonna Flashes Titty on #MNDAtour!!! Photos, Gifs and Full Video of  Human Nature  and  Like a Virgin :  Always the burlesque girl.

Madonna Started Filming The "Bedtime Story" Video on December 5 1994.

The inspiration behind the video. Hello everyone! This month’s music video to be analyzed is the for “Bedtime Story”, While this video is tricky for its various sources of inspiration, it’s one of her best, if not  the   best, and an underrated one by most fans. I am sure that, after reading all of this, you’ll find yourself more in love with the true artist Madonna really is. Madonna called upon “Rain” director Mark Romanek to do the music video for “Bedtime Story” after she saw what he had done with Nine Inch Nails’ “Closer”. As she always does, she listened to the song over and over again, trying to think of a concept for a video. The theme she held on to for this one was dreams, it’s meaning, concepts, imagery and works based on it. She’s a huge fan of surrealistic art, in which lots of paintings deal about dreaming, or allude to something unfathomable in real life. She held to that and brought that concept to Romanek, that really liked the idea and wanted to add ...

Rolling Stone - June 13, 1991 - Flesh and Fantasy - Big Time Girl Talk with Carrie Fisher

Madonna and I had met many times over the years, but we had never actually had a conversation. It took this interview to bring us together – she as icon, I as inquisitor of icon [after all, I have already distinguished myself as friend of icon, relative of icon and ex-wife of icon]. I had never done an interview before, and I don’t know that I will again. For me, this has all the makings of a waterloo. The first of the two sessions for this interview took place in the restaurant of the Four Seasons Hotel in Los Angeles. Madonna wore gold lame; I probably wore black. The last session took place in the offices of her manager, Freddy DeMann. Madonna wore a negligee; I probably wore black. I was late for that first meeting because a friend who had AIDS and who was staying with me had suddenly developed a fever. I called Madonna to say I was on my way. “You’re late,” she informed me. I explained about my friend. “Well, okay, that’s a good excuse,” she said. By the time of our fina...