Alan Behr was quoted in a Christian Science Monitor article discussing the issue of who should have the right posthumously to profit from Michael Jackson’s career and image. Some suggest that the laws currently on the books are behind the times and potentially ill-equipped to handle challenges created by digital technology and the Internet, and the evolved role of fan involvement in a celebrity’s career that those new media can provide. “The primary purpose behind the laws granting personal rights after death has been to provide revenue to heirs,” said Behr. “But an unintended consequence is to allow the control, in part, of other rights.”
He continued: “Because the estate of Fred Astaire has been so tight with the control of his image and performances, the reputation of the music of Irving Berlin, which provided the late singer/dancer with signature pieces, can be argued to have been compromised. A whole generation is growing up without enough exposure to Astaire to understand his importance in pop culture, and their appreciation of Irving Berlin has likely suffered as well, because they can’t see or hear very easily any more how Astaire interpreted his works.”