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Copyright

by Mike Masnick

Tue, Jul 12th 2011 5:45am




Filed Under:
copyright, michael jackson, prank call


Michael Jackson Estate Claims Prank Caller Can't Sell Recording Because It Has Jackson's Voice On It

from the is-that-a-copyright-claim? dept

btr1701 points us to a story about Michael Jackson's estate trying to stop the sale of a recording of a prank phone call from prankster Ralphige, supposedly to Michael Jackson. In the call, Ralphige pretended to be Akon. Previously, Michael Jackson (and the estate) had always claimed that Ralphige was not talking to the real Michael Jackson, and that the call was really between two people impersonating two other people. But, now that the Ralphige is selling the tape, the estate is suddenly claiming that it really was Michael, so that they can try to stop the sale of the tape. Of course, that confirms what Ralphige said all along about it being real... As for whether or not the Jackson estate has a legal claim here, I'm guessing they're using a publicity rights claim, but it's questionable as to whether or not that really applies. Since the whole thing is a prank call, no one thinks that MJ "endorsed" the call. It seems like yet another abuse of intellectual property law to try to stop something that may be embarrassing , but not illegal.

17 Comments | Leave a Comment

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  1.  
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    Gabriel Tane (profile), Jul 12th, 2011 @ 5:58am

    it's embarrassing to a HOLY AND SAINTED CELEBRITY! Not only should it be illegal, it should be punishable by DEATH!

    How dare... um... this guy (whom I never heard of) sell this tape (I never heard about until this lawsuit)?!

     

    [ reply to this | link to this | view in thread ]

  2.  
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    John Doe, Jul 12th, 2011 @ 6:11am

    Not to seem cold here...

    ...but how do dead people have any publicity rights or any rights at all for that matter? I guess if you can hold copyright from the grave for 70 years you can get publicity rights too.

     

    [ reply to this | link to this | view in thread ]

  3.  
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    Donnicton, Jul 12th, 2011 @ 6:15am

    The Barbara Streisand effect is a wonderful thing.

     

    [ reply to this | link to this | view in thread ]

  4.  
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    Kevin (profile), Jul 12th, 2011 @ 6:17am

    Jesus, Mike

    Didn't you take Civics 101? Don't you read the Constitution? We are a nation of laws, and laws exist to protect the defenseless wealthy and powerful elites from public embarrassment caused by their own improprieties and foolish actions.

    Just look at how our president, a constitutional scholar and former law professor sworn to uphold the law, has spent his presidency relentlessly prosecuting and depriving of human rights the depraved whistle-blowers who have embarrassed Our Most Holy and Sacred Government, and its constituent Supreme Wealthy Elites. This is precisely what it means to enforce the letter of the law.

    I'm always surprised when commentators don't understand the basic facts involved in what they're reporting.

     

    [ reply to this | link to this | view in thread ]

  5.  
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    Kevin (profile), Jul 12th, 2011 @ 6:19am

    Re: Not to seem cold here...

    It's not about Michael Jackson's rights. It's about the rights of his descendants to continue to make money off his success without contributing anything to society.

    Reaganomics 101: the "trickle-down" effect. Michael Jackson made lots of money by successfully making lots of things people wanted to consume, and if we leave that money alone, it will trickle down and benefit everyone from his children to his grandchildren to maybe even his great-great-grand-nieces-and-nephews!

     

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  6.  
    identicon
    Anonymous Coward, Jul 12th, 2011 @ 6:41am

    IP laws aside, what about the phone call being recorded? Was it in a state without two party consent?

     

    [ reply to this | link to this | view in thread ]

  7.  
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    PRMan, Jul 12th, 2011 @ 6:42am

    Audio recording?

    I don't approve of the law, but aren't single party audio recordings illegal in California?

     

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  8.  
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    Chuck Norris' Enemy (deceased) (profile), Jul 12th, 2011 @ 6:46am

    Re: Re: Not to seem cold here...

    That is certainly a new twist on "trickle-down" I never heard before. Good thing Reagan came up with it, because this didn't exist prior with the Rockefellers or anyone else that I am aware of.

     

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  9.  
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    AJBarnes, Jul 12th, 2011 @ 6:47am

    Here we go again...

    Like Elivs, Michael will never die.

     

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  10.  
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    Anonymous Coward, Jul 12th, 2011 @ 7:01am

    Re: Audio recording?

    I don't approve of the law, but aren't single party audio recordings illegal in California?

    Was the recording made in California?

     

    [ reply to this | link to this | view in thread ]

  11.  
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    Ninja (profile), Jul 12th, 2011 @ 7:01am

    Re: Not to seem cold here...

    Call the 6th sense kid. He'll know what to do.

    This insane copyright life span is laughable.

     

    [ reply to this | link to this | view in thread ]

  12.  
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    Prisoner 201, Jul 12th, 2011 @ 7:03am

    This has to be stopped, or there will be no incentive for dead poeple to answer the phone.

     

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  13.  
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    Butcherer79 (profile), Jul 12th, 2011 @ 7:18am

    I completely agree with one of the statements made above, though to protect myself from prosecution I will make no attempt to "quote" or copy it into my own post...

     

    [ reply to this | link to this | view in thread ]

  14.  
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    Haywood (profile), Jul 12th, 2011 @ 7:49am

    Re: Here we go again...

    But at least, like Elvis, the fan base will seem sillier as time goes on.

     

    [ reply to this | link to this | view in thread ]

  15.  
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    Gabriel Tane (profile), Jul 12th, 2011 @ 10:05am

    Re: Here we go again...

    That's not funny... people are ALREADY taking that seriously:

    http://www.imdb.com/title/tt1950069/

    Where's my "I don't want to live on this planet anymore" Farnsworth image?

     

    [ reply to this | link to this | view in thread ]

  16.  
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    Sean T Henry (profile), Jul 12th, 2011 @ 10:22am

    Re: Re: Audio recording?

    One would assume that MJ was at Neverland Ranch during the call so one party was in CA applying CA law for eves dropping so if he is charged as a criminal he can be fined up to $2500 and no more than a year in jail.

     

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  17.  
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    Anonymous Coward, Jul 12th, 2011 @ 11:29am

    Re: Re: Re: Audio recording?

    One would assume that MJ was at Neverland Ranch during the call so one party was in CA applying CA law for eves dropping so if he is charged as a criminal he can be fined up to $2500 and no more than a year in jail.

    California law doesn't apply outside of California. So, where was the recording made?

     

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