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At the time of her death, the famous actress was domiciled in New York, not California, and as a result, her estate can't use California's publicity rights law to object to a photo licensor and others.
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Toronto native Jamie Salter rebrands Marilyn Monroe - The Globe and Mail
The Things She Left Behind
Marilyn Monroe's Hollywood Persona
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A Cause Célébre : Publicity Rights in India
Marilyn Monroe: The Exploitation of a Sex Symbol
Appeals Court Rules Marilyn Monroe's Persona Belongs to Public, Not Her Estate