When Madonna performs her 1990 hit song
Vogue, it usually comes with a hefty price tag. Lyrics from the song include the names of a handful of celebrities, including James Dean, Jean Harlow, Ginger Rogers, Greta Garbo, Marline Dietrich, and Joe DiMaggio. Every time the superstar performs the hit, she must pay royalties to their respective estates.
Indiana-based brand licensing agency CMG Worldwide Inc., has negotiated several deals between Madonna’s management and the various estates of the named celebrities. For example, when Madonna performed
Vogue as part of her 2012 Super Bowl halftime performance, her management struck a deal with CMG that she would pay each estate $3,750.
When Madonna decided to perform
Vogue in her 2012 MDNA World Tour, CMG again negotiated a deal for royalties with Brando Enterprises. CMG claims that the agreement was stated Madonna would pay $5,000 every time she performed the song. However, CMG alleges that merely one week after Brando Enterprises accepted this agreement, they increased their fee to $20,000.
Brando’s estate is now suing Madonna for $20,000. According to Brando Enterprises, “despite the fact that Plaintiff is asking the Court to award it the Brando IP Rights for a mere $5,000, the true value of those rights in this litigation exceeds three-hundred thousand dollars ($300,000).”
Estates often file lawsuits alleging misuse of a deceased celebrity’s “right of publicity.” These lawsuits are meant to limit the use of a celebrity’s name, identity, or likeness for commercial purposes.