We often write about intellectual property issues that come up after a celebrity passes away. Generally, the problem lies with outsiders appropriating the image of the star or the artistic output of the star. The resolution of a dispute between a star's estate and the estate of the photographer who helped to make her a star reminded us of another issue, one that Florida treats differently from most states.

One of the most recognizable faces of the last century was Marilyn Monroe's. It's hard to imagine that anyone could have been the subject of more iconic images. Think about the posters and postcards and calendars with pictures of Marilyn in costume, Marilyn at the beach, Marilyn curled up on her couch -- you can't swing an opera-length glove without hitting some picture of Marilyn.

It turns out that someone has been making money off all of those products, but that someone has not included the actress's heirs. For the past ten years, Marilyn Monroe, LLC and its management company have been trying to regain control of both the pictures and the profits.

Needless to say, it's been an uphill battle. The face was Marilyn's, but the pictures belonged to the photographers. And they were reluctant to give up the rights and the steady stream of income from the pictures.

The parties to the lawsuit we mentioned earlier were the Monroe estate and the estate of photographer Sam Shaw. Shaw, who died in 1999, was not just any photographer. He was the guy behind the camera when Marilyn stood atop a subway grate in a billowing white dress. His estate, in the form of Shaw Family Archives LTD, began to license these pictures to retailers and documentary filmmakers.

Marilyn Monroe, LLC objected and petitioned an Indiana court for an injunction. These photographs were the Shaw family's most valuable asset, though, and they were not going to give up without a fight.

And we'll get into that in our next post.

Source: Hollywood Reporter, "Why the Marilyn Monroe Estate Paid $3 Million For Photos of the Film Legend," Eriq Gardner, Jan. 26, 2012