 | PRESLEY, ELVIS. Photograph. 1957. Unedited JPG 28K. Location: NYWTS -- BIOG -- Presley, Elvis--Singer, Reproduction Number: LC-USZ6-2067. Note: No copyright found; checked by The Library of Congress staff December 2000. Retrieve uncompressed archival TIFF version [12.8 M Download High Resolution Image |
Elvis Aaron Presley (January 8, 1935 – August 16, 1977), was an American singer, musician and actor. He is often known simply as Elvis; also "The King of Rock 'n' Roll", or simply "The King".
Presley began his career as a singer of rockabilly, performing country and rhythm and blues songs. He sang a combination of country music and blues with a strong back beat and an energetic delivery - one of the earliest forms of rock and roll. He developed a versatile voice and had success with other genres, including gospel, blues, and pop. To date, he is the only performer to have been inducted into three music 'Halls of Fame'. Presley made the majority of his thirty-three movies during the 1960s but made a critically-acclaimed return to live music in 1968 and went on to set records for concert attendance, television ratings, and records sales. He is one of the best-selling and most influential artists in the history of popular music.
His premature death, at age 42, shocked his fans worldwide.
This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article, Elvis Presley
This image is directly impacted by the decision issued was by the Southern District of New York in the case of Shaw Family Archives Ltd. v. CMG Worldwide, Inc ., No. 05 Civ. 3939 (CM), 2007 U.S. Dist. LEXIS 35674 (S.D.N.Y. May 2, 2007). Marilyn Monroe's estate, MMLLC, and its licensing agent, CMG, against The Shaw Family Archives ("SFA").
The Court found that at the time of Monroe's death in 1962, postmortem rights of publicity were not recognized in the States of record.
However The use of a deceased celebrity's name, image, voice and/or likeness may not be used to give false endorsement under section 43(a) of the Lanham Act, which prohibits, the use of any name, symbol, or device which is likely to deceive or cause consumers to be confused as to the source, sponsorship, approval or association of a party's goods or services. In false endorsement cases, the celebrity's persona or identity functions as a "trademark." Death Pays: The Fight Over Marilyn Monroe's Publicity Rights
As to this image Elvis Presley died August 16, 1977 (age 42) in Memphis, Tennessee, USA. Tennessee did not recognize postmortem publicity rights until 1984. This copyright free image may be used for any purpose including commericial that does not confuse source, sponsorship, approval or association.
Rights and Restrictions: The images are presented for educational and research purposes. Except where otherwise noted, the Library of Congress is unaware of any copyright or donor restrictions on the use of the images (in cases where permission from a rights holder is clearly required, links to jpeg and tiff files are not provided and only a small reference image appears). However, patrons who plan to publish or otherwise distribute any of the images should be aware that determination regarding the appropriate use of an image ultimately rests with the patron. The Library generally does not own rights to material in its collections. Therefore, it does not charge permission fees for use of such material and cannot give or deny permission for use of the images.
These images were selected to meet requests regularly received by the Library of Congress Prints and Photographs Division. They include portraits of men and women of all nationalities and from all time periods (fictional and legendary characters are not included). Because the strength of the Prints and Photographs Division lies in historical images, few images dating later than the 1970s are included.
In some cases, the images come from illustrations in books held by other units of the Library of Congress. Individuals are added to the list as demand for their images rises and suitable images are found in the collections. Also included in the list, in a few cases, are the names of individuals whose portraits have been frequently requested but for whom no suitable images have been found in the Division's holdings.
editors note: while no copyright is associated with this image these two points are relevant:
- Privacy rights protect living people from unauthorized use of their image that is intrusive or embarrassing. As John and Barbara Schultz point out that: “Photographs of private persons, who are not celebrities or public figures, can be published without their consent only in an editorial context. Even editorial use is perilous, however, if any individual who is depicted is held libeled, held up to ridicule, or misrepresented." Picture Research: A Practical Guide, by John Schultz and Barbara Schultz (N.Y.: Van Nostrand, 1991), p. 226. [call number: TR147.S38 1991 P&P]
- Publicity rights protects a person’s right to benefit from the commercial value connected with an individual’s name, image, or voice. John and Barbara Schultz point out that: " Not all well-known people have a right of publicity, since not all of them profit from the commercialization of their celebrity. Politicians, for instance, do not ordinarily require payment for the use of their images, although they are public figures ... As a rule, the right to publicity is enforced for commercial reproduction of the name or likeness of a celebrity, under the conditions outlined. The editorial use of a photograph of a celebrity, so long as it does not violate other laws concerning libel or slander, requires only the release of the holder of the copyright in the photograph." Picture Research: A Practical Guide, by John Schultz and Barbara Schultz (N.Y.: Van Nostrand, 1991), p. 225-6. [call number: TR147.S38 1991 P&P]
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