Legislation Alert . . .

Stock Asylum Staff Report
June 13, 2007

Noting that the California Senate is in the process of passing a draconian right-of-publicity law that could cause serious problems for photographers, the American Society of Media Photographers (ASMP) is requesting an immediate e-mail response from shooters.

"After a series of legislative maneuvers, the California Senate either has passed, or is about to pass, SB 771, the right-of-publicity bill that would in effect reverse the court’s decision in the California Marilyn Monroe case. This bill is likely to be signed by Governor Schwarzenegger as early as tomorrow (Friday), but probably not later than next Monday," ASMP said in an e-mail alert to its members.

The organization asked photographers to go the the California governor's web site (see link below), click on the e-mail link and ask that the legislation be vetoed in favor of a more balanced version.

The California legislation is an attempt to void a court decision against those selling publicity rights to the likeness of Marilyn Monroe. It would make the right-of-publicity retroactive for any celebrity who died a resident of California in almost 100 years, ASMP said.

ASMP has suggested that this legislation could affect any photographer who has licensed an image of a dead California celebrity during the term specified in the bill.

The organization has supplied the following language as a possible text for e-mails:

"Dear Governor Schwarzenegger:

"I am an independent photographer writing to urge you to veto SB771. This bill is ill-advised and poorly drafted to benefit a few individuals. While it is advertised as protecting the families of celebrities, such as yourself, it would often have exactly the opposite effect. It will unnecessarily hamper freedom of expression and freedom of commerce.

"This bill has been rushed through in a surreptitious fashion. If you wish to approve legislation of this nature, please veto this bill and instruct your lawmakers to do it properly, with adequate notice, time for debate, and careful drafting.

"Thank you for your kind consideration.

"Respectfully yours, (insert your name)”.

To e-mail Governor Shwarzenegger, click here.

The ASMP web site is at: http://www.asmp.org.

For a previous SA article about this subject, click here.