Photographer Chi Modu has agreed settlement terms with the estate of Notorious B.I.G over an alleged breach of publicity rights.
In 1996, Chi Modu famously photographed the late Notorious B.I.G. standing in front of the World Trade Centre. As photographer, Modu’s ownership of the relevant copyright has not been contested, and as such, Modu is ordinarily authorised to deal in the same subject to relevant copyright laws which includes through means such as the production and the right to sell copies of the images, at least to an extent.
To that end, Modu granted various licences to allow third parties to use the images on various merchandise products such as skateboards, NFTs and shower curtains. This led to the Notorious B.I.G.’s estate entering into legal proceedings against Modu in 2019, as they claimed that the licenses infringed upon the late rapper’s publicity rights.
Publicity rights, which are not strictly provided for in the UK, are intellectual property rights which prohibit the non-permitted use of an individual’s likeness for commercial purposes.
Last week, a settlement was reached prior to the commencement of the trial. Whilst the terms of the settlement have not been disclosed, a representative for Notorious B.I.G.’s estate has stated that “pictures … cannot be commercially exploited without a license from our client”.
If you have any questions relating to the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
