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The Legal Legacy of Elvis Aaron Presley
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When Elvis Presley died on August 16, 1977, he left not only an incredible musical legacy, he also left a future of litigation, covering topics from Intellectual Property to Civil Procedure. This site is dedicated to the Elvis-related legal cases and news stories that have unfolded since the death of Elvis Aaron Presley.

PresLaw.net was developed to make available information on the many Elvis-related lawsuits in a single location. In doing so, we hope that it will be of interest to Elvis' fans, to members of the legal profession, and to those undertaking the study of law ... and if you are a lawyer or law student AND an Elvis fan, all the better!  Before exploring the site, please review our Terms and Conditions.

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Covering details of many of the lawsuits listed on PresLaw.net

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Background Articles
General Articles

· Policing Elvis: Legal Action and the Shaping of Post-Mortem Celebrity Culture as Contested Space (PDF)
David S. Wall, Entertainment Law, Vol.2, No.3, Autumn 2003, pp.35 – 69 (Leeds.ac.uk)
Fairly detailed article outlining many of the post-mortem Elvis-related legal cases and how they have "shaped celebrity culture as contested space."

Right of Publicity Articles

· Elvis Presley—The Other Jubilee: A case-study in popular culture and intellectual-property law
May 23rd 2002 | MEMPHIS; From The Economist print edition (Economist.com)
Discusses lawsuits involving Elvis Presley Enterprises (EPE), BMG, as well as the Personal Rights Protection Act.

· Currents: History as property. Can words and pictures that are part of national psyche be owned?
CNN Interactive: The 20 Century in depth series, Episode 7, 1961-1969 (CNN.com)
Includes excerpts of an interview with Jack Soden, President and CEO of EPE

· Cocaine-Cola, the Velvet Elvis, and Anti-Barbie: Defending the Trademark and Publicity Rights to Cultural Icons
Fordham Intellectual Property, Media & Entertainment Law Journal Winter, 1998 (Harvard.edu)
Includes a section on Elvis and discusses the Russen and Capece cases

News Stories

· When Copyright is King
By Campbell Deane, The Scotsman, 30 Mar 2004
Elvis Presley Enterprises (EPE) firmly reminds the people of Lonmay, Elvis' alleged Scottish ancestral home, that they "[own] all the intellectual property (IP) rights in his name, his image and his songs . . . ." Also provides a good general overview of EPE's history regarding IP issues, including the Velvet Elvis, Elvisly-Yours, and Passport Videos cases.

· Leiber and Stoller Complain About Jailhouse Rock Musical
By James Inverve, Playbill.com, 19 Mar 2004
Controversy between the writers of the song Jailhouse Rock along with Elvis Presley Enterprises, and the producers of the new London West End show, Jailhouse Rock, who have been forbidden from using the song in the production.

· Priscilla Presley wins $1.7 million in lawsuit
CNN - Showbuzz - May 6, 1999
Priscilla Presley sues over use of her name in a movie based on an unauthorized biography.

· 3 Charged in Body-Stealing Plot
The Commercial Appeal, August 30, 1977 (Requires registration)
3 men charged with criminal trespass during plot to snatch Elvis' body.

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The Cases
Intellectual Property Cases
Major Cases
Elvis Presley Enterprises v. Passport Videos
349 F.3d 622 (9th Cir.(Cal.), Nov 06, 2003)
Copyright issues
Elvis Presley Enterprises v. Capece ("The Velvet Elvis")
141 F.3d 188 (5th Cir.(Tex.), May 07, 1998)
Trademark, copyright and publicity issues
Elvis Presley Enterprises v. Elvisly Yours (American Case)
936 F.2d 889 (6th Cir.(Tenn.), June 27, 1991)
Trademark and publicity rights
Elvis Presley Enterprises v. Elvisly Yours (British Case)
(1999) R.P.C. 567 (Ct. of Appeal, March 12, 1999)
Trademark and publicity rights
Presley's Estate v. Russen ("The Big El Show")
513 F. Supp. 1339 (D.N.J., Arp 16, 1981)
Trademark, unfair competition, publicity rights
Minor Cases
Rodgers and Hammerstein Org. v. UMG Recordings
(Elvis Presley Music co-plaintiff)
2001 WL 1135811, 60 U.S.P.Q.2d 1354 (S.D.N.Y., Sep 26, 2001)
Copyright issues
Broadcast Music v. Aartie Restaurant Management
(Elvis Presley Music co-plaintiff)
1993 WL 106894, 1993 Copr.L.Dec. P 27,060 (M.D.Fla., Jan 13, 1993)
Copyright issues
Hoste v. Radio Corp. of America
(Vernon Presley, Executor of Elvis' Estate, co-defendant)
654 F.2d 11 (6th Cir.(Mich.), Jul 07, 1981)
Copyright infringement, also summary judgment, statute of limitations, laches
Contracts Cases
148 Investment Group v. Elvis Presley Enterprises
54 F.3d 777 (6th Cir.(Tenn.), May 10, 1995)
Breach of contract, conversion
Alden v. Presley
637 S.W.2d 862 (Tenn., Aug 30, 1982)
Promissory estoppel/detrimental reliance
Matter of Fairfield General Corp.
(Vernon Presley, Executor of Elvis' Estate, co-defendant)
75 N.J. 398, 383 A.2d 98 (N.J., Feb 15, 1978)
Specific Performance (compelled purchase), Judicial sales, Receivers
Property & Right of Publicity Cases
Property/Escheat
(The Post Elvis' Death Concert Ticket Cases)
Presley v. County of Nassau
560 N.Y.S.2d 173 (N.Y.Sup., Aug 14, 1990)
Property (escheat, abandonment)
Presley v. City of Memphis
769 S.W.2d 221 (Tenn.Ct.App., Dec 15, 1988)
Property (escheat, abandonment)
North Carolina State Treasurer v. City of Asheville
(Elvis' Estate as Intervening Co-Defendants)
300 S.E.2d 283 (N.C.App., Mar 01, 1983)
Property (escheat, abandonment), Interpleader
Property/Right of Publicity
State. ex rel. Elvis Presley Intl. Meml. Found. v. Crowell
733 S.W.2d 89 (Tenn.Ct.App., Apr 03, 1987)
Right of Publicity as property and distinct from Right of Privacy, descendibility of Right of Publicity, Laches defense, 3rd Party Intervention
Factors Etc., Inc. v. Pro Arts, Inc. ("In Memory" Poster Saga)
562 F. Supp. 304 (S.D.N.Y., Apr. 14, 1983) et al.
This major Right of Publicity case started in 1977 and went on for six years, resulting in the Tennessee legislature passing a statute to ensure the descendibility of the right of publicity (the Personal Rights Protection Act, 1984). The U.S. Supreme Court twice denied certiorari in this case.
Other Cases
Civil Procedure
Hawkins v. Graceland
210 F.R.D. 210 (W.D. Tenn., Sep 24, 2002)
Discovery, duty of disclosure
RCA Records v. Hanks
(Priscilla Presley as co-executor of Elvis' Estate, Lisa Marie Presley's Guardian Ad Litem, and Elvis' ex-manager, "Colonel" Tom Parker co-defendants)
548 F. Supp. 979 (S.D.N.Y., Sep 16, 1982)
Interpleader, Jurisdiction (subject matter and personal), Venue, Transfer
Criminal Law
Dowling v. United States (Bootleg Records Case)
473 U.S. 207 (June 28, 1985)
Interstate transportation of stolen property
Miscellaneous
Presley v. Hanks (Illegitimate Daughter Case)
(Priscilla Presley, as co-executor of Elvis' Estate, co-defendant)
782 S.W.2d 482 (Tenn.Ct.App., Jul 20, 1989)
Interpretation of Wills
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