July 28, 2010
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King family puts price on dad's legacy

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By Zack Burgess
Special to the NNPA from the Philadelphia Tribune

(NNPA)-In November of 2006, America took a bold step, roughly a half-mile from Lincoln's iconic statue. For the first time in history, an African American, Martin Luther King Jr., would be memorialized on the National Mall in Washington, D.C.

And, although the act was a proud moment for this country, it has not come without controversy.

Some have even gone so far as to wonder if King's legacy is being tarnished as the family of the slain civil rights leader has charged the foundation building a monument to the civil rights icon on the National Mall about $800,000 for the use of his words and image-an arrangement one leading scholar says King would have found offensive.

"I don't think the Jefferson family, the Lincoln family? I don't think any other group of family ancestors has been paid a licensing fee for a memorial in Washington," said Cambridge University historian David Garrow, who won a Pulitzer Prize for his biography of King. "One would think any family would be so thrilled to have their forefather celebrated and memorialized in D.C. that it would never dawn on them to ask for a penny. King would have been absolutely scandalized by the profiteering behavior of his children."

The memorial is tentatively scheduled to be dedicated sometime in 2011 and the start of construction is contingent upon raising $120 million. Thus far, more than $104 million has been raised. Included will be a 28-foot sculpture depicting King emerging from a chunk of granite.

The foundation has been paying the King family for the use of his words and image in its fundraising materials. The family has not charged for the use of King's likeness in the monument itself.

According to financial documents reviewed by the Associated Press, the foundation paid $761,160 in 2007 to Intellectual Properties Management Inc. (IPM), an entity run by King's family.

Documents also show a "management" fee of $71,700 was paid to the family estate in 2003. In a statement to the AP, IPM said the proceeds it receives go to the King Center in Atlanta, Ga., where King and his wife, Coretta Scott King, are entombed.

The statement said the arrangement was made out of concern that fundraising for the monument would undercut donations to the King Center.

"Many individuals believe all 'King' fundraising initiatives are inter-related and don't donate to the King Center, thinking they have already supported it by donating to the memorial," the statement said.

King's son Dexter serves as the center's chairman, and his cousin, Isaac Farris Jr., is president and chief operating officer. King's two other surviving children, Martin Luther King III and Bernice King, are lifetime members of the board of directors.

A review of the King Center's financial documents shows that public support for the nonprofit organization did decline each year from 2004 to 2006, while fundraising for the Washington memorial was under way.

The monument will be on the banks of the Tidal Basin, between the Lincoln and Jefferson memorials, and would be the first major tribute to the 1964 Nobel Peace Prize winner outside Atlanta.

For years, King's family has fiercely protected his legacy, suing for a share of the proceeds from the use of his words and images in merchandise and publications.

In the 1990s, the family reached settlements with USA Today and CBS over their use of King's "I Have a Dream" speech without permission. A federal appeals court ruled in 1999 during the CBS case that the speech was not in the public domain.

But, historians and the National Park Service said they are not aware of any other case in which builders of a national monument had to license the image of their subject.

National Park Service spokesman Bill Line said licensing fees are "unfamiliar territory" for a memorial that will eventually be turned over to the government.

"It's a shame, to see all the fighting that's going within that family," said Debra James of Germantown. "At the end of the day-and don't get me wrong, I understand and empathize that it must be hard to share your parents with the public, but that's who he is, that is who they are, public icons that belong to us all, because of what they stood for; the change he brought to this country.

"I just wish they would understand that, considering their father and mother are so loved, by black and white, Asian and Jewish. All of the fighting doesn't look very good for his legacy, or for them."

The controversy doesn't stop with the memorial. A few months ago, Dream Works announced that it had acquired the rights to King's life story from the King estate, which is led by son Dexter.

The film was to be produced by Steven Spielberg only to have the project put on hold, after Bernice and Martin Luther King III threatened litigation, which has only added to an ongoing public battle over projects concerning their father and mother's (Coretta Scott King) legacy.

There was even the proposed sale of the King Center for Non-violent Social Change for $11 million, just before the death of Mrs. King, to cover mounting losses, which again, was challenged by Bernice and King III.

The family has also publicly said that they should be paid from Tshirts and other merchandise depicting their father along side President Barack Obama.

King's nephew, Farris, has gone so far as to say that hundreds of thousands-maybe millions-is being made, and the King estate is entitled to its share.

"Some of this is probably putting food on people's plates," Farris said. "We're not trying to stop anybody from legitimately supporting themselves, but we cannot allow our brand to be abused."

A few years ago, the family made multimillion-dollar deals with Alcatel, a French telecommunications company, and Cingular, an American telecom group, selling them permission to use portions of the "I Have a Dream" speech in commercials.

"These are the most opportunistic people I have ever seen. Their dad is probably turning over in his grave. They are the cheapening the dream; never mind that their dad gave his life for this very dream," wrote the blogger Ebony on BET.com.

"Instead of them seeing their dad's death as not being in vain, they see the dollars they can get from it. It's truly a shame. The only thing the King foundation supports right now is them. They are sorry, and fighting over money that none of them earned," the blogger continued. "It is truly sad. And for that matter, let's see them get money from the thousands of street vendors who make these shirts in their homes!

"If these dummies would think about it, these shirts aren't selling because of the likeness of their dad, they are selling because of the likeness of Obama and he's not seeking payment. If they don't change their ways soon, they will all be broke (it wouldn't be a surprise if they're already broke now, with the way they've been acting for the last couple of months). They are a disgrace and a disappointment to their dad (and mom's) legacy!"

The Associated Press Contributed to this report.

This is part of the July 22, 2009 online edition of Frost Illustrated.

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