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Factors Etc., Inc. v. Pro Arts, Inc. (The "In Memory" Poster Saga)

Overview

This seminal case involves the publishing and sale of a memorial poster, after Elvis' death, containing his picture. Plaintiff's claim to have the sole right to merchandise Elvis' name and image, and that the right to do so is descendible after his death. After six years of litigation the court finally finds in favor of the Defendants! This case also becomes entangled with the contemporaneous Creative Card Co. and Memphis Development Foundation cases. As well as Right of Publicity issues, this case also contains a great deal of Civil Procedure.

Note: Factors Etc. were the official licensees of Elvis' name and image. The licensor was Boxcar Enterprises (co-defendants), owned and operated by "Colonel" Tom Parker (56%), with Elvis and Tom Dishkin, President of Boxcar, being minority shareholders (22% each). Elvis had contracted with Boxcar for this right in return for royalty payments.

When Elvis Met Nixon: The Documents (Part Three) - Meeting Agenda

Egil Krogh

This memorandum, hastily compiled by Nixon aide, Egil Krogh, to present to the President essentially constituted a possible meeting agenda between President Nixon and Elvis.

As with Dwight Chapin and H. R. Hadelman, who were also involved in the Nixon meeting, Krogh was also ultimately imprisoned for his role in the Watergate scandal.

Ironically, at the time of writing, Krogh currently serves as Senior Fellow on Ethics and Leadership at the Center for the Study of the Presidency and Congress and Counselor to the Director at the School for Ethics and Global Leadership.

Of note in the agenda are points III.E.3 and III.E.4, which suggest discussing the creation of a Rock Musical and Elvis album entitled "Get High on Life." Not one of Krogh's better ideas, I think!

Curtin v. Star Editorial Inc. (1998)

Overview: In this case, plaintiff, James Curtin is suing Star Magazine for copyright infringement, breach of contract, and unjust enrichment over Star Magazine's use of photographs from Mr. Curtin's book, "Elvis and the Stars."

In the complaint, Curtin acknowledges that only one of his photographs was actually copied (though cropped) and the other photographs were merely similar to those in his book.

The defendant, on the other hand, moves to have the case dismissed in accordance with Rule 12(b)(6) of the Federal Rules of Civil Procedure.

The court's rulings are divided, sometimes in favor of the plaintiff and sometimes in favor of the defendant. The rulings also include some amusing Elvis-related humor!

State ex rel. Cole v. Francisco (1982)

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Overview: In this case that is being heard by the Supreme Court of Tennessee, James P. Cole and Charles C. Thompson, II (professional journalists employed by the ABC news magazine 20/20 & later authors of The Death of Elvis: What Really Happened?) are asking the court to require the Shelby County Medical Examiner, Jerry T. Francisco, to make various documents available that related to Elvis' death and autopsy.

In addition, they are also attempting to have the court require the District Attorney General, Hugh Stanton, to intervene in the action as a plaintiff.

The Court rules against Cole & Thompson on both issues.

Medical Examiner's Report (Autopsy) on the Death of Elvis Presley

Below is a PDF copy of the the medical examiner's report that was carried out on Elvis after his death. This 2-page report was signed and submitted by the Shelby County Medical Examiner, Dr. Jerry Francisco.

The cause of death noted on this report was "H.C.V.D. associated with ASHD" which refers to "Hypertensive Cardiovascular Disease associated with Arteriosclerotic Heart Disease."


Note, as clarified on the Elvis Decoded blog, this report is NOT the official autopsy report, which is the private property of the Presley family. Also, this is not the official death certificate, which, under Tennessee law will be kept private for 50 years after Elvis' death and will therefore be made public in 2027.

Board of County Commissioners of Shelby County v. Taylor (1994)

Dr. Jerry T. Francisco
(photo by Alan Spearman)

Overview: This is a suit by the Board of Commissioners of Shelby County in which they are asking the court to issue a write of mandamus to require the State Registrar of Vital Records "to investigate any and all irregularities or possible violations of law involving statements on the death certificate of Mr. (Elvis) Presley, including a thorough, objective inspection of all medical records surrounding his death."

(Note: Mandamus is a legal term that refers to a court issuing a writ that orders a public agency, official, or governmental body to perform an act required by law when it has neglected or refused to do so.)

The defendant filed a motion to dismiss this case, which was sustained by the lower court and the suit was dismissed. Here, the plaintiffs are appealing and presenting two issues to the appellate court to determine. The appellate court affirms the ruling of the lower court.

Broadcast Music, Inc. v. Aartie Restaurant Management, Inc. (1993)

The old Federal Courthouse, Tampa

Overview: Plaintiff songwriters and music publishers sue for copyright infringement by unlicensed public performance of copyrighted material in defendant's restaurant.

Elvis Presley Music is a co-plaintiff in this case.

The court also discusses summary judgment issues.

When Elvis Met Nixon: The Documents (Part Two) -The Chapin Memo

Dwight Chapin

Overview: This memo was written by White House aide, Dwight Chapin, to H. R. Hadelman (White House Chief of Staff to President Richard Nixon), on December 21, 1970. In the memo, Chapin describes the purpose of Elvis' visit, 'to become a "Federal agent at large" to work against the drug problem by communicating with people of all ages.'

He then offers his suggestions as to how the meeting should take place and is clearly in favor of Elvis meeting with the President rather than fobbing him off with the Vice President.

H. R. Hadelman

The memo ends with Chapin's comment: 'In addition, if the President wants to meet with some bright young people outside of the Governent, Presley might be a perfect one to start with.' In handwriting by this comment, author unknown, are the words "You must be kidding." So I guess someone at the White House, perhaps Hadelman, wasn't quite so convinced of the benefits of having President Nixon meet with Elvis!

Note: Both Dwight Chapin and H. R. Hadelman were heavily involved in the subsequent Watergate scandal. Chapin was convicted and served nine months in prison as a result. Later in his career, Chapin worked for both Ronald Reagan and George H. W. Bush. Hadelman resigned as a result of the scandal and was later convicted and served 18 months in prison. On release, Hadelmen worked as a private businessman and died of cancer in 1993.