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Beware the Rights Vultures The 24 November 2003 edition of the Zeitgeist e-Zine We live in an unfortunately litigious society. And nobody knows that better than the Lake County (IN) CVB. Reeling
from a lawsuit that challenged their right to showcase the likeness
of John Dillinger in their Welcome Center’s John Dillinger Museum,
the Bureau is now facing a $1 million lawsuit from a tollway worker,
claiming that they have used songs that she wrote in their promotional
efforts without permission. In the case of the Dillinger Museum, the Bureau had purchased the artifacts from an original Dillinger Museum in downstate Indiana that was preparing to close for $415,000…and then spent an additional $1.5 million to create a stunning heritage experience in their Welcome Center. A man claiming to be the grand-nephew of the Prohibition-era gangster filed suit based on a “personality rights” clause in Indiana State Law that prevents non-relatives from profiting from the image or likeness of another without permission. The distant relative is apparently making a career out of such legal shenanigans, recently settling out of court with a Fort Wayne restaurant called Dillinger’s (and others pending around the country) and planning his own Dillinger Festival. Facing mounting legal bills to defend against this frivolous line on attack, the Bureau has announced it is throwing in the towel and will close the museum in the coming months. No doubt the Dillinger debacle caused the tollworker to come out of her booth. The just-filed federal copyright infringement suit centers on the assertion by part-time musician that she wrote two songs that the Bureau has used since 1999 on its on-hold circuit, on a promotional video and at its stakeholder events. To her credit, they are catchy tunes. I always enjoyed being put on hold when I called the Bureau. While it certainly may come out that the record company that provided the music to the Bureau is the party at fault, in the confusion over rights, it doesn’t remove the Bureau from being included in the lawsuit. If the media’s recent interest in how Destination Marketing Organizations work isn’t enough, the Lake County CVB’s recent legal experiences should also cause the smart destination professional to review its rights documentation on anything that could be construed to be owned by someone else. Photos, video, music, testimonials, quotes…check ‘em all. Because you never know when someone will view you as a meal ticket. +++++++++++++++++++ The past couple posts in the Zeitgeist e-Zine haven’t been fun…but it’s what’s happening out there. But there IS good news from Rick Davis, former CEO of the Salt Lake CVB. Those who know Rick are aware that he suffered a stroke in 2000 that resulted in his having to step down as the head of the Bureau right before welcoming the biggest win of his career to town: the 2002 Winter Olympics. Most of us knew that the stroke had slowed Rick…but didn’t realize the extent of the medical ramifications he faced after stepping away from the spotlight. Rick recently sent an e-mail to his friends, chronicling his journey back from the stroke. It is at once an inspiration to us all…and a reminder that, even when the world around us gets heavy, we all need to focus on what’s REALLY important in our lives. Rick was gracious enough to give me permission to share his e-mail with you. Prepare to be inspired (click here to read Rick's message).
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