Photo Corners headlinesarchivemikepasini.com


A   S C R A P B O O K   O F   S O L U T I O N S   F O R   T H E   P H O T O G R A P H E R

Enhancing the enjoyment of taking pictures with news that matters, features that entertain and images that delight. Published frequently.

Judge Affirms Stern Trust's Copyright Of Monroe Photos Share This on LinkedIn   Share This on Google   Tweet This   Forward This

24 July 2018

A federal district court judge in New York has ruled that the copyright to Bert Stern's Last Sitting photos of Marilyn Monroe belong to the Bert Stern 2010 Trust.

The 2,571 "Last Sitting" images were taken in 1962 shortly before Monroe's death. Stern passed away in June 2013 and the Trust subsequently acquired the images.

The Trust's lawsuit claimed copyright infringement by Lisa and Lynette Lavender of New York City, former assistants of the photographer who reproduced edited versions of the images for online sale. The Lavender twins argued that the images were works for hire whose copyright, consequently, was owned by Conde Nast.

In his ruling Judge Engelmayer decided in favor of the Trust on the copyright issue but said the infringement issue will have to be decided at trial.

"The decision affirms that the testamentary trust established by Stern is the holder of the copyright in those images," Alan Behr, the partner leading the Trust's Phillips Nizer team, said. "That is a victory for the legacy of Bert Stern as one of the greatest of American photographers and it is important for photographers everywhere whose rights in their own legacy portfolios have either not been fully established or have been called into question."

For more information see the news release from Phillips Nizer below.

Stern's Marilyn Monroe 'Last Sitting' Photos Owned By Heirs

NEW YORK -- In a major victory for the estate of pre-eminent photographer Bert Stern, a Federal District Court Judge in New York has upheld the photographer's copyright protection for his famed "Last Sitting" photographs of Marilyn Monroe.

Phillips Nizer LLP represents the Bert Stern 2010 Trust in its copyright infringement lawsuit over the photographs, which were taken of Monroe in June 1962, just weeks before her death. They have long been recognized as some of the most important celebrity images of the 20th century.

Stern died in June 2013 and copyrights in the 2,571 "Last Sitting" images are owned by the Bert Stern 2010 Trust, of which Stern's widow is a trustee. The trusts' action is intended in principal part to address unauthorized actions taken by defendants Lisa and Lynette Lavender of New York City, who were former assistants of the photographer, in the handling of images from the "Last Sitting."

Although some aspects of the case will proceed to trial, the judge's order effectively resolved the most important issue in the case by affirming that all copyrights held by the testamentary trust are valid.

Alan Behr, the partner leading the Phillips Nizer team, said:

"Judge Engelmayer has issued an important decision affirming the copyright status and protection for one of the great bodies of photographic work of the twentieth century: the 'Last Sitting' images made by Bert Stern of Marilyn Monroe shortly before her death.

"The decision affirms that the testamentary trust established by Stern is the holder of the copyright in those images. That is a victory for the legacy of Bert Stern as one of the greatest of American photographers and it is important for photographers everywhere whose rights in their own legacy portfolios have either not been fully established or have been called into question," Behr said.


BackBack to Photo Corners