Introduction
The new Michael Jackson biopic, Michael, has just smashed through a historic $1 billion worldwide, officially crowning it the highest-grossing biopic of all time. It leaves you looking at the charts thinking: How can they still use his name, music and face to make money? Does any of the money made go to him after he’s gone? And how on earth is a dead man’s legacy so aggressively protected, commercialised, and passed down to out-earn the biggest living pop stars on the planet?
Welcome to the afterlife economy, where the physical creator might be gone, but the intellectual property never dies.
Celebrity Legacies are Still Businesses
When an iconic figure passes away, their estate transitions from managing a person to managing a portfolio of commercial properties. Look at a few prime examples of estates out-earning the living from the grave:
Michael Jackson
Even decades after his passing, the King of Pop consistently tops the global posthumous financial charts. His estate aggressively monetises a massive matrix of commercial interests, including:
- Music Streaming: Millions of daily plays across global digital platforms.
- Licensing & Merchandise: Global retail apparel and luxury fashion deals.
- Broadway Musical (MJ the Musical): High-grossing theatrical productions worldwide.
- Documentaries & Media: Strategic broadcast and film deals detailing his life.
- Sony Publishing Interests: Crucial, high-value music catalogue assets.
The estate actively manages these rights, commercialising every piece of his artistic history through strict corporate licensing.
Elvis Presley
Decades after hanging up his jumpsuit, the King of Rock ‘n’ Roll remains a commercial powerhouse. His estate continues to pull in millions through:
- Graceland: The physical and digital tourism machine of his estate.
- Merchandise & Global Licensing: Unpacking his likeness for global consumer goods.
- Films & Music Catalogues: Modern cinematic releases and continuous physical/digital audio sales.
Elvis is no longer just an individual musician in the public consciousness; he is effectively a global brand.
Marilyn Monroe
Despite tragically passing away in 1962, Marilyn remains the premier face of modern luxury advertising. Global corporations consistently pay top dollar to license her:
- Images & Iconic Posters: High-end visual art prints and decor.
- Fashion Collaborations & Cosmetics: Prestige makeup lines and luxury runway campaigns.
- Commercial Advertising: Using her likeness to anchor premium global brands.
Her image appears on global products generations later simply because her intellectual property rights are managed with corporate precision.
What Actually Happens After Death?
To understand how these empires run, we have to look at the legal engine driving them. People often throw around the phrase “Intellectual Property” as a catch-all, but when a creator dies, their IP fractures into distinct legal rights.
| IP Right | How It Operates Post-Mortem |
|---|---|
| Copyright | Protects the original expression and lasts for a statutory term before entering the public domain |
| Trademark | Protects brand identifiers and can theoretically last indefinitely if actively used and renewed |
| Publicity Right | Protects name, image and likeness but is highly dependent on local jurisdictions |
Copyright
Copyright protects original literary, musical, dramatic, and artistic works, and it actively survives the creator’s death. In many Western jurisdictions like the US and UK, copyright endures for the author’s life plus a statutory term of 70 years.
In Malaysia, the rules under Section 17(1) of the Copyright Act 1987 differ depending on the type of work. For original literary, musical, or artistic works, copyright subsists for the life of the author plus 50 years from the end of the calendar year of their passing.
This means that Michael Jackson’s music catalogue does not enter the public domain the moment he passes. Every stream, radio spin, and movie sync placement generates mechanical and publishing royalties that flow directly to his estate.
Trademark
Unlike a copycat, a registered trademark does not have an expiration date tied to a human lifespan. As long as a trademark is properly transferred to a successor, remains continuously used in trade, and its renewal fees are paid, it can legally last forever.
Marks like ELVIS or PRINCE remain heavily protected property long after the individuals are gone. A trademark isn’t tied to the person, but the business.
Publicity Rights
Now this part is complex because different countries treat the commercial use of a person’s identity with entirely different frameworks.
- United States: There is no federal law, creating a patchwork of state legislation. Some states (like California and Indiana) explicitly recognise robust post-mortem publicity rights, allowing an estate to legally control and cash in on a celebrity’s name, image, or likeness (NIL) for decades after death. Other states do not recognise it post-mortem at all.
- Malaysia: The legal landscape is vastly different. Malaysia does not have a standalone statutory “right of publicity.” If an estate wants to protect a deceased celebrity’s likeness here, they cannot rely on a specific image rights act. Instead, protection must be creatively patched together through alternative legal avenues, such as registered trademark law, copyright (if the estate owns the specific photograph), or the common law tort of passing off if there is unauthorised use that misleads the public into believing a commercial association exists.
Why Estate Register Trademark
If the celebrity didn’t register for IP protection themselves, why would their estates do? Because of these international legal variations, famous families do not simply sit back and inherit static piles of money, they actively play intense legal defence. They register every variation of a celebrity’s name, signature, and catchphrase as a trademark to create a statutory monopoly.
For example, the Elvis Presley estate uses its portfolio of registered trademarks to aggressively halt unauthorised third parties from launching:
- Boutique clothing lines using his iconic silhouette.
- Celebrity-themed perfumes or grooming products.
- Themed restaurants or diners leveraging his name.
- Unlicensed souvenirs and physical memorabilia.
The same aggressive brand policing applies to the estates of Michael Jackson, Prince, or Whitney Houston. Without a robust trademark portfolio, an estate loses its primary weapon to stop third parties from diluting the commercial value of the name.
Practical Takeaway
It is incredibly easy to read these case studies and assume, “Well, this only affects Hollywood A-listers and global pop stars.”
But that is a massive strategic mistake. Every single business owner, founder, and startup operator needs to think with the exact same long-term legal mindset.
Instead of treating IP as a secondary concern, look at your business through a legacy lens. Your company name, your unique logo, your original content, your brand reputation, and your corporate identity are not just operational tools to get you through the current fiscal year. Over time, these intangible assets can become the most valuable components of your entire enterprise, potentially generating massive commercial value long after the original founder steps away, retires, or passes the torch.
IP planning isn’t just a tedious compliance task to protect today’s revenue. Done right, it is the ultimate tool for preserving tomorrow’s legacy.
Ready to build a brand that outlasts the present? Don’t wait until tomorrow to protect what you are building today. Contact us at Quality Oracle to secure your trademarks, copyrights, and commercial legacy.
