Mandela Licenses Face to Pay Off ANC Debts
22 June 1994
By Edith Updike
NEW YORK -- South African President Nelson Mandela has become the first popularly elected world leader to license his name, signature and likeness for commercial purposes. The licensing agreement, signed with the African National Congress, will raise money for South Africa -- as well as free speech issues. "It's kind of unprecedented," said Susan Reuter, show director for Expocon Management Associates Inc., which is managing the international licensing conference in New York this week. "Except for sports figures, usually you're dead before you get licensed." Not always. The pope licensed himself nearly a decade ago, marketing papal comics and holy water to help fund a European tour. Britain's royals have had a form of licensing for years, marked by the phrase "By appointment to ... " Mandela's contract, signed about five months ago, lends his name and likeness to promote the ANC's collection of "Freedom Art." Profits will go to a "Democracy Fund," first to pay the multimillion-dollar debt incurred by the ANC's pre-election voter education campaign, and later to human services. The licensing of Mandela is an attempt by the cash-strapped ruling party to benefit from the president's enormous popularity. Dawn Zain, the ANC's director of international fund-raising, noted ruefully that there is "not as much funding for a political party as for a liberation movement." It's also an effort to protect Mandela's image, which the ANC believes is damaged by rampant commercial exploitation. "He was put on liquor bottles, antifeminist things, things that went against the ANC charter, things with no taste," Zain said. In South Africa, his face even appears on bathroom mats. Through its South African marketing representative, Axial Tradex, the ANC has a two-year agreement with New York-based licensing agency The Beanstalk Group Inc. to market the Mandela license worldwide. Beanstalk also handles Harley-Davidson. Michael Stone, Beanstalk's cochairman, said that in conjunction with the art collection tour, the agency is planning postcards, limited edition prints and T-shirts, to be sold only in select locations. "We're not going to be doing souvenir kinds of products," he said. Zain said the ANC and Mandela "have the right to veto every product, every image. We signed the contract to control the use of his image." But control may be impossible. "The goal is obviously admirable," said Robert Kraus, a New York City attorney specializing in copyright, trademarks and licensing. "But the question in the States and other countries is whether they'll be able to enforce it." One company has already come out with an unauthorized Mandela product: a prepaid telephone card featuring a Mandela inauguration picture. For each minute of calling time used, one U.S. cent will go to a South African educational trust, the company says. The card is produced by the fourth-largest U.S. long-distance company, LDDS Metromedia, together with Made In USA, which promotes trade and investment in South Africa. The telephone card illustrates the difficulties of trademark enforcement. Neither the ANC nor The Beanstalk Group were even aware of the Mandela telephone card until told of it by a reporter. South African businessman David Altman, president of Made In USA, says he got Mandela's photograph from the ANC, but says it was not until after he had talked with LDDS that he thought to contact Mandela. "I wanted to do something nice, and I kept myself at arm's length from the money," he said. "It never even occurred to me that Mandela's face would be exploited for the political party." Beanstalk and the ANC are considering asking LDDS to halt production of the card, and the long-distance carrier said it would stop production if asked, even though its legal department says there's no violation of law. For famous faces, legal recourse is limited and often deemed more time-consuming that it is worth. "It goes on every day in the States," Kraus said. "People use the image of sitting political figures for commercial gain, and that is a violation. Usually the politicians don't complain." Depending on the product, the First Amendment makes it difficult for a political plaintiff to win. "Where political commentary goes into commercial gain, it isn't black and white," Kraus said. Depiction of a politician on a T-shirt, for example, would likely be protected by U.S. courts as a form of free speech.
|
|
Tweet |
|
This article has no comments. Be the first to leave a comment |
Discussion
Comments
To post comments you must be registered
Comments via Facebook
Most Read
1.
McFaul and State Department Respond to Attack
The U.S. ambassador and the U.S. State Department said they were surprised by blistering criticism from the Foreign Ministry regarding comments McFaul made to students last week.
2.
U.S.-Russian 3-Year Multientry Visa Bill to Go to Duma
After months of delays, the government has finalized a much-touted visa agreement with the United States and drafted the corresponding bill.
3.
Google Honors Faberge Egg Maker With Homepage Doodle
The creator of the intricately jeweled Faberge eggs was honored by Google on its homepage Wednesday, the 166th anniversary of the famed jeweler's birthday.
4.
Putin's Final Act
Russians are usually patient and slow to rebel, but once they have turned on their leader, they don't stop until he is out.
5.
Opposition Fund Reveals Sponsors
Opposition leader Alexei Navalny has revealed the list of sponsors contributing to his Anti-Corruption Fund, which is poised to gather even more donations with the "Navalny credit card" that is in the works.
6.
Barents Crabs Suffer From Soviet Legacy, Russian Reality
The Soviet experiment of transplanting Kamchatka crabs to the Barents Sea has had a string of economic, environmental and social effects on fishing communities.
7.
Video Inspires Anti-Putin Twitter Trend
An anti-Putin message on Twitter started trending worldwide after opposition activists posted a hashtag inspired by a pre-revolutionary Azerbaijani musical tradition.
8.
Anand Wins Chess World Title
World chess champion Viswanathan Anand of India has retained his title, beating Israeli challenger Boris Gelfand 2.5-1.5 in a rapid tiebreaker round of four games Wednesday.
9.
Sberbank Unimpressed by Navalny Credit Card
A bank card designed to finance Alexei Navalny’s Anti-Corruption Fund was criticized Wednesday by state-owned Sberbank as "incomprehensible."
10.
Regions Hope Foreign Tourists Float in Their Direction
Regional officials have plans to lure foreign tourists from the Moscow-St. Petersburg route by developing water tourism, particularly cruise tours on the Volga River.
1.
Tabloid: Superjet Downed by U.S. Industrial Sabotage
A tabloid claims that Russian intelligence agencies are investigating the possibility that the U.S. military may have brought down the Sukhoi Superjet that crashed in Indonesia.
2.
McFaul Faces Kremlin Scorn Once Again
The Foreign Ministry assailed U.S. Ambassador Michael McFaul for comments the ministry said went "far beyond the bounds of diplomatic etiquette."
3.
Red Square Flyboy Regrets Air Stunt
When Mathias Rust landed his white Cessna on Red Square on May 28, 1987, he had placed all his hopes for world peace in Mikhail Gorbachev.
4.
Sweden Wins Eurovision; Grannies Take Second
Sweden’s Loreen won the Eurovision Song Contest in Azerbaijan on Sunday before an international TV audience of 100 million, days after angering Azeri authorities by meeting rights activists critical of the host country’s human rights record.
5.
Protest and Chaos Seen in Kudrin-Ordered Study
Continued protests in Russia will likely lead to violence or chaotic change, according to a new study ordered by the former finance minister.
6.
Ukraine in Uproar Over Status of Russian Language
Ukraine's ruling party has triggered violent protests with a move to upgrade the official role of Russian, a sensitive issue opponents say will split the country.
7.
150 Detained at Anti-Kremlin Rallies
About 150 people were detained Sunday as scores of people gathered for a series of anti-government demonstrations in Moscow and St. Petersburg.
8.
Tensions Rise as Opposition Leaders are Freed
Sergei Udaltsov and Alexei Navalny emerged from prison Thursday, while a dramatic standoff erupted at a State Duma hearing over a bill that would hike fines for illegal demonstrations.
9.
More Public Figures Accused of Flouting Road Rules
Following the president's order to cut the number of officials entitled to use flashing lights to skirt through traffic, several incidents of alleged abuse involving high-profile figures have come to light.
10.
Kennan's Insight Into the Russian Soul
George Kennan is best known as the author of the containment policy, which served as the overarching principle informing U.S. foreign policy during the Cold War.
1.
Hundreds of Arrests Set Grim Backdrop for Victory Day Celebrations
As Moscow gears up to celebrate its victory in World War II, 67 years ago Wednesday, the shadow of political conflict shrouds the capital as hundreds of arrests cloud Victory Day festivities.
2.
Russian Satellite Takes Highest-Ever Resolution Picture of Earth
A stunning 121-megapixel snapshot of the Earth was taken by a Russian weather satellite in what is thought to be the highest resolution picture of the planet ever taken from space.
3.
Bodies, No Survivors Spotted at Superjet Crash
Search and rescue helicopters and volunteers struggling through thick forest and mountainous terrain spotted bodies but no survivors on the Indonesian mountainside where a Sukhoi Superjet 100 crashed by the time darkness forced an end to the search Thursday night.
4.
Tabloid: Superjet Downed by U.S. Industrial Sabotage
A tabloid claims that Russian intelligence agencies are investigating the possibility that the U.S. military may have brought down the Sukhoi Superjet that crashed in Indonesia.
5.
Mysterious Photos Reveal an Unseen WWII
After the end of World War II, Paul Sadler returned home to Chicago with three German books and a photo album from the Dachau concentration camp.
6.
Furniture Magnate Shot Dead in Mercedes in Moscow Region
A 46-year-old furniture magnate was killed with six gunshot wounds to the head and chest early Sunday as he arrived in his Mercedes at his home in the Moscow region.
7.
Vladivostok Bridge Climbers Fined 300 Rubles Each
Three thrill-seekers who climbed two Vladivostok bridges earlier this week and took photos from the top were fined 300 rubles ($10) each for trespassing.
8.
New Cabinet Has Familiar Cast of Characters
President Vladimir Putin on Monday announced the makeup of the new Cabinet answering to Putin and Prime Minister Dmitry Medvedev, with three-fourths of the members having been replaced.
9.
Superjet Missing in Indonesia With 50 on Board
A dark cloud was cast Wednesday on the revival of Russia’s aviation industry when a Sukhoi-built Superjet 100 with 50 people on board disappeared from the radar screens of Indonesian flight controllers.
10.
Why Putin's Days Are Numbered
On Monday, Vladimir Putin will take the presidential oath of office for the third time. After 12 years in power, Putin has increased his control over the country's major institutions, the siloviki and state bureaucracy.


