Estate Wants Input on Any Plans to Honor Dr. Martin Luther King, Jr.

WABE’s Jonathan Shapiro reports on reaction from the state lawmaker behind legislation to honor King, but first WABE’s Rose Scott reports the state may not need the King estate’s permission.

Broadcast version of this story.

Earlier this year, Governor Nathan Deal said not many states can boast a native son who has a national holiday.

“I’m committed to finding an appropriate way to honor Dr. King on our Capitol Hill.”

But in documents obtained by WABE, Eric Tidwell, from Intellectual Properties Management objects to any planned statue or other proposed image of Dr. King without getting approval from the King estate.

Tidwell sent a letter to Gov. Deal’s chief of staff, Chris Riley.

He says uses of Dr. King’s name and I.P. rights without written permission constitute infringement.

WABE legal analyst Page Pate says the King estate has no legal basis to challenge a statue.

“In order for there to be protection under copyright law, the statue or the likeness would have had to been something made by the King estate and the same would be true under trademark protection.”

However, Pate says, the King estate would have a right to protect Dr. King’s image against financial gains by another entity.

Riley, in an email response to Tidwell, said do not assume the Governor would ever try to financially capitalize on the legacy of Dr. King.

He is simply trying to honor a great Georgian.

Rose Scott, WABE news.

And I’m Jonathan Shapiro at the state Capitol.

MLK statue legislation sponsor Calvin Smyre said the King family’s request was premature.

“The timing at this juncture is not helpful and this sort of makes it a sidebar and makes it kind of difficult when you’re trying to get it done in the legislative process.”

Smrye’s bill only lays out the intention to build a statue at the Capitol. Funding, design, location, and schedule are all undefined.

Smyre did not expect the King Family to be involved before the bill got final passage.

“In my opinion, eventually we were going to have to get to that. I just didn’t think we’d be doing it in the legislative process.”

Nonetheless, Smyre remains confident his bill will pass by the end of session. It cleared the House overwhelmingly earlier this week and is currently in a Senate committee.