Lugosi v. Universal Pictures
Encyclopedia
In Lugosi v. Universal Pictures, 603 P.2d 425
(Cal. 1979), the heirs of Béla Lugosi
sued Universal Studios
in 1966 for using his personality rights
without the heirs' permission. The court ruled in favor of the Lugosi heirs, but Universal Studios won the case in an appeal to the California Supreme Court, where it was determined that a dead person had no right to his likeness, and any rights that existed did not pass to his heirs.
and Universal Pictures
Company, Inc. had entered into an agreement for the production of the film Dracula
in which Lugosi played the title role under a signed contract. Hope Linninger Lugosi, his widow, and Bela George Lugosi
, his son, filed a complaint against Universal on February 3, 1966, alleging that they were the heirs of Béla Lugosi and that Universal had, commencing in 1960, appropriated and continued to appropriate property which they had inherited from Lugosi and which was not part of the agreement with Universal. The Lugosis asserted that from 1960 until the present time, Universal entered into many licensing agreements which authorized the licensees to use the Count Dracula character.
from merchandising Lugosi's likeness. The decision was appealed and the California Supreme Court ruled that "the right to exploit one's name and likeness is personal to the artist and must be exercised, if at all, by him during his lifetime." The result was a loss for the concept of inheriting personality rights
in California
.
of 1986 created an inheritable right to a person's name or likeness for 70 years after death. Legislation passed in 2007 extended that right retroactively to all persons who have died since January 1, 1938.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(Cal. 1979), the heirs of Béla Lugosi
Béla Lugosi
Béla Ferenc Dezső Blaskó , commonly known as Bela Lugosi, was a Hungarian actor of stage and screen. He was best known for having played Count Dracula in the Broadway play and subsequent film version, as well as having starred in several of Ed Wood's low budget films in the last years of his...
sued Universal Studios
Universal Studios
Universal Pictures , a subsidiary of NBCUniversal, is one of the six major movie studios....
in 1966 for using his personality rights
Personality rights
"Personality rights" is a common or casual reference to the proper term of art "Right of Publicity". The Right of Publicity can be defined simply as the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one's identity...
without the heirs' permission. The court ruled in favor of the Lugosi heirs, but Universal Studios won the case in an appeal to the California Supreme Court, where it was determined that a dead person had no right to his likeness, and any rights that existed did not pass to his heirs.
History
In September 1930, Béla LugosiBéla Lugosi
Béla Ferenc Dezső Blaskó , commonly known as Bela Lugosi, was a Hungarian actor of stage and screen. He was best known for having played Count Dracula in the Broadway play and subsequent film version, as well as having starred in several of Ed Wood's low budget films in the last years of his...
and Universal Pictures
Universal Pictures
-1920:* White Youth* The Flaming Disc* Am I Dreaming?* The Dragon's Net* The Adorable Savage* Putting It Over* The Line Runners-1921:* The Fire Eater* A Battle of Wits* Dream Girl* The Millionaire...
Company, Inc. had entered into an agreement for the production of the film Dracula
Dracula (1931 film)
Dracula is a 1931 vampire-horror film directed by Tod Browning and starring Bela Lugosi as the title character. The film was produced by Universal and is based on the stage play of the same name by Hamilton Deane and John L...
in which Lugosi played the title role under a signed contract. Hope Linninger Lugosi, his widow, and Bela George Lugosi
Bela G. Lugosi
Bela George Lugosi also known as Bela Lugosi, Jr. is the son of Béla Lugosi. A California attorney, his legal actions in Lugosi v. Universal Pictures, led to the creation of the California Celebrities Rights Act. He was an executive at Comedy III Productions, which owned the licensing rights to...
, his son, filed a complaint against Universal on February 3, 1966, alleging that they were the heirs of Béla Lugosi and that Universal had, commencing in 1960, appropriated and continued to appropriate property which they had inherited from Lugosi and which was not part of the agreement with Universal. The Lugosis asserted that from 1960 until the present time, Universal entered into many licensing agreements which authorized the licensees to use the Count Dracula character.
"[Lugosi heirs] seek to recover the profits made by [Universal Studios] in its licensing of the use of the Count Dracula character to commercial firms and to enjoin [Universal Studios] from making any additional grants, without [their] consent .... The action, therefore, raises the question of whether Béla Lugosi had granted to [Universal] in his contracts with [Universal] merchandising rights in his movie portrayal of Count Dracula, the nature of such rights, and whether any such rights, if retained by Béla Lugosi, descended to the [Lugosi heirs] ...."
Ruling
After eleven years of litigation, the trial judge ruled in favor of the Lugosi heirs, and awarded them $70,000 and barred Universal StudiosUniversal Studios
Universal Pictures , a subsidiary of NBCUniversal, is one of the six major movie studios....
from merchandising Lugosi's likeness. The decision was appealed and the California Supreme Court ruled that "the right to exploit one's name and likeness is personal to the artist and must be exercised, if at all, by him during his lifetime." The result was a loss for the concept of inheriting personality rights
Personality rights
"Personality rights" is a common or casual reference to the proper term of art "Right of Publicity". The Right of Publicity can be defined simply as the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one's identity...
in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
.
Aftermath
The California Celebrities Rights ActCalifornia Celebrities Rights Act
The Celebrities Rights Act or Celebrity Rights Act was passed in California in 1985 and it extended the personality rights for a celebrity to 70 years after his or her death. Previously, the 1979 Lugosi v. Universal Pictures decision by the California Supreme Court held that Bela Lugosi's...
of 1986 created an inheritable right to a person's name or likeness for 70 years after death. Legislation passed in 2007 extended that right retroactively to all persons who have died since January 1, 1938.