The most critical component to Right of Publicity licensing or litigation disputes is that of valuations. Once it is determined that a license is desired, how does one determine what is a fair licensing arrangement? Or if in a litigation mode, once liability is established, how does one determine what the fair financial resolution is for the use that occurred? Is it the ten million asked for in the complaint, or the one dollar the defense claims represents the value of what was taken? The truth usually lies somewhere in between. When it was reported that the Rolling Stones had licensed “Start Me Up” to Microsoft to use in their advertising campaign for the launch of Windows 95, reports on the transaction ranged from $5 million to $25 million, and each report stated the information as verified fact! For all these reasons, a qualified expert can by the lynchpin to the entire dispute.
Most valuations are proprietary in nature and often are submitted under seal, so it is difficult if not impossible to get one’s hands on valuation information in the absence of an expert. Furthermore, the licensing business is secretive in nature, and most transactions have strict confidentiality written in as part of the contract.
The creator of this site has served as an expert witness for plaintiffs and defendants alike on various occasions. Some of his recent cases involve disputes between Uma Thurman and Lancome, Fruit of the Loom and Robby Gordon, Nikki Sixx and Vans, Gary Stevens and Southern States Cooperative, Ludwig Bemelmans (Madeline) and DIC Enterprises, Tara Reid and Sky Las Vegas Condominiums, among many others.
Part of the unique value the site’s creator brings to the equation is his work with hundreds of different intellectual property owners, from living and deceased celebrities from the sports, historical, political and acting arenas, as well as famous brands, sports leagues, sponsors, and others. He has dealt with thousands of companies throughout the world, in relation to almost every kind of advertising campaign, sponsorship, promotion, or consumer goods imaginable. As such, his experience and perspective congeal into a rare but critical asset for an expert to possess: credibility.
Feel free to contact Jonathan Faber at JFaber@LuminaryGroup.com to discuss your consulting or expert witness needs. You may also contact Luminary Group LLC with an inquiry concerning its services. http://www.LuminaryGroup.com