Marilyn Monroe Estate considering litigation against Digicon Media in response to “Virtual Marilyn”

Looks like my predictions in the May 9, 2012 edition of the Indiana Lawyer were prescient.  Specifically, in response to the debut of Tupac’s hologram, I went on record stating that this technology is likely to lead to both licensing and new business opportunities as well as litigation over unauthorized use of the technology by third parties with no relationship to the individual or entitlement to the underlying intellectual property rights.  Here’s a link to that Indiana Lawyer article:  http://www.theindianalawyer.com/-hologram–performance-by-tupac-creates-legal-questions-for-ip-lawyers/PARAMS/article/28758?page=1

Mr. Eriq Gardner of The Hollywood Reporter has posted an intriguing article on the exchanges between the lawyers for the Marilyn Monroe Estate and Authentic Brands, majority owner of the intellectual property rights to Marilyn Monroe, and Digicon Media, which claims to have “copyrighted” the virtual Marilyn.  I put “copyrighted” in quotes because that is a big, and dubious, assertion to make.  Digicon Media claims to have grand plans for the virtual Marilyn.

Here’s a link to the full article in The Hollywood Reporter, complete with actual copies of the correspondence between the parties:

http://www.hollywoodreporter.com/thr-esq/marilyn-monroe-estate-hologram-legal-334817

This article and the various documents embedded within the article provide a fascinating glimpse into the inner workings of representing and protecting the rights of a deceased individual.  This appears to be a transparent (pun intended) attempt to make a play for Marilyn Monroe in the virtual realm.  The Right of Publicity, as well as the various trademarks pertaining to Marilyn Monroe, should have no trouble reaching into that realm and ensuring that the attempt to “copyright” the hologram Marilyn would somehow give Digicon Media ownership over any aspects of Marilyn Monroe.