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OFF BEAT: Material Girl fights for rights to use Brando likeness

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Pop singer Madonna could end up paying more than $300,000 to use the likeness of Marlon Brando in one of her songs, according to a lawsuit filed by the deceased actor’s estate.

During the performance of one of the pop star’s most popular songs, “Vogue,” during the Super Bowl halftime show last February, she dished out $3,750 to the estates of the many individuals mentioned in her song and used as “set dressings” during the performance.

Some of the famous names in the song include James Dean, Jean Harlow, Grace Kelly, Joe DiMaggio and Mr. Brando, among others.

Looking to go on tour in 2012, Madonna’s touring company, Bhakti Touring Inc., went to celebrity intellectual property clearinghouse CMG Worldwide Inc. to obtain the permission to use the dead stars’ property rights, including Mr. Brando’s, while on tour, according to court documents.

CMG was able to negotiate a fee increase to $5,000 for each dead celebrity, including with Mr. Brando’s estate, Brando Enterprises L.P., which uses Brand Sense Partners L.L.C. as its agent.

As a result of the deal, Bhakti Touring moved forward with plans to use the likenesses of the deceased personalities, after which Brand Sense Partners allegedly changed the terms of the deal, demanding to be paid $20,000, according to the lawsuit.

CMG filed a lawsuit in an Indiana district court in July against Brando Enterprises and Brand Sense Partners, alleging that the estate and its agent backed out of an enforceable contract.

Last week, Brando Enterprises requested to move the lawsuit to federal court in Indianapolis citing “diversity jurisdiction,” according to court documents.

“Despite the fact that plaintiff is asking the court to award it the Brando (intellectual property) rights for a mere $5,000, the true value of those rights in this litigation exceeds $300,000,” Brando Enterprises and Brand Sense Partners said in the notice of removal.

The Material Girl might find it cheaper to use material of her own during concerts.