So, Target Corporation is marking money off of the name and image of Rosa Parks and their right to do so has been upheld by a court. This seems like utter bullcrap!
Of course, like most stories it’s a little more complex. Ideally this shouldn’t be happening but it seems it’s a matter of law.
Target Corporation created a series of books, commemorative plaques and movies based on the social activists life and of course are selling these products and profiting from them.
The image and likeness of Rosa Parks is actually owned by non-profit group the Rosa and Raymond Parks Institute for Self Development. The objected to Target’s use of their “property” and filed a lawsuit.
However according to Michigan Law, applicable in 2005 when Rosa died, her likeness is of public interest. Rolling Out (http://bit.ly/22PlxMg) reported:
In its ruling the court decided that Parks and the Civil Rights movement were “a matter of legitimate and important public interest.” Judge Robin Rosenbaum wrote for the court stating that Targets merchandise were “All bona fide works of nonfiction discussing Parks and her role… The institute has not articulated any argument as to why Michigan’s qualified privilege for matters of public concern would not apply to these works, in light of the conspicuous historical importance of Rosa Parks. Nor can we conceive of any. Michigan law does not make discussion of these topics of public concern contingent on paying a fee.” Judge Rosenbaum wrote for a panel that included Judge Julie Carnes and Senior Judge Joel Dubina.
The court also determined that Target Corp was shielded from legal action because of the First Amendment!
Now, surely it’s a social responsibility of Target Corp to donate large amounts of their profit to the group?
0 Comments