An intellectual property dispute focused on the nature and appropriate management of assets like publicity rights is at the heart of the scandal and drama in a Netflix documentary about painter Bob Ross.
“Happy Accidents: Betrayal and Greed,” a documentary, focuses on Ross’ career and his son Steve’s legal battle to protect Ross’ intellectual property, including his name and image. However, the outcome was determined by the corporate structure of Bob Ross Inc., which was formed by the soft-spoken television painter, his wife, and business associates Annette and Walt Kowalski.
In a 2019 court judgment, Bob Ross Inc. obtained all of Ross’ intellectual property rights, despite what his will said when he died. Bob Ross Inc. was formed by the four founders as the exclusive rightsholder of Ross’ intellectual property, and if one died, the remaining founders shared the stake. Ross’ wife died first, followed by Ross, leaving the Kowalskis with everything, in yet another cautionary story about handling IP rights.
What does it mean to have publicity rights?
A person’s right to regulate the commercial use of their image, likeness, and character is known as publicity rights. To put it another way, they can’t exploit you to sell things unless you give them permission. The right is intrinsically implicated in sales of Bob Ross-branded painting materials and other products in Bob Ross’ instance. Bob Ross Inc. also held Bob Ross trademarks, such as a logo including his name and face, as well as his signature frizzy hair.
If a protected posthumous right exists, an heir can inherit the right to control and sell the use of the deceased’s image in a commercial context, just like any other asset. Bob Ross gave his half-brother, Jimmie Cox, a 51 percent stake in his intellectual property, including publicity rights, and his son, Steve, a 49 percent stake.