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Battles over celebrities' estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible. The Cousteau Society Inc. v. Cousteau, 3:19-cv-1106 (D.Conn. 2020).
Protection of the right of publicity varies globally, either directly, through related laws or not at all. Jacques-Yves Cousteau, who died in 1997, had assigned the exclusive international rights in his intellectual property to The Cousteau Society (TCS), a Virginia-based not-for-profit formed back in the 1970s to safeguard Cousteau's legacy. The exclusive rights included to Cousteau's name, voice, likeness and signature, as well as trademarks. In addition to Cousteau's name, the registered trademarks include the name of his boat "Calypso" and the phrase "The Journey Continues."
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There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.