LOS ANGELES – Michael Jacksons estate and a businessman working with the singers mother settled a copyright infringement lawsuit for $2.5 million on Tuesday, shortly before a trial in the case was scheduled to begin.
The settlement also restricts Howard Mann and his companies from using Jacksons likeness without permission in the future. It ends a year and a half of legal fighting over Manns use of Jacksons name and likeness on a website used to promote unreleased songs, photographs and a book written by Katherine Jackson filled with recollections of her superstar son.
Mann is the CEO of Vintage Pop Media, which operated the website www.michaeljacksonsecretvault.com until it was ordered shut down last month by a federal judge who ruled the site violated copyrights controlled by the singers estate.
Under the terms of the settlement, announced in court by estate attorney Zia Modabber, Vintage Pop Media Group is responsible for $2 million of the judgment, while the entity Vintage Associates LLC is responsible for the remainder. Vintage Associates is the custodian of the items that were at issue in the case.
Manns attorney, Lee Durst, declined to comment after the hearing. The estate is delighted this matter is behind us, estate attorney Howard Weitzman said.
Among the items that had been improperly used were images from Jacksons posthumous film This Is It and a silhouette of the singer dancing in Smooth Criminal. The settlement also blocks the usage of materials from Thriller that had appeared on Manns website.
A jury trial on how much Mann owes the estate had been scheduled to begin Tuesday, with an expert estimating a license for the works is worth between $5 million and $12 million.
Manns attorneys rejected a settlement offer last week of $2 million. They sought to introduce evidence that they were given bad legal advice about having to license the works and have considered calling Katherine Jackson as a witness. The Jackson family matriarch is one of the beneficiaries of the singers estate, along with his three children.
U.S. District Judge Dean D. Pregerson has noted that Mann doesnt appear to have the resources to pay a large judgment. The defendants ability to pay was not discussed in court on Tuesday.