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Case file s304 · Hollywood and TV · 1987
1987
Fred Astaire: Astaire, Fred - Never Get Rich
Fred Astaire. Studio publicity still. Public domain, Wikimedia Commons.
Died
22 June 1987
Place
Los Angeles, California, USA
Field
dancer and film actor · Film and television on the timeline
Legal tradition
California statutory right of publicity (Civil Code section 990) · Common law · Civil law
Historical event
The spread of home video in the 1980s, which put old film clips into new products
Religion
Fred Astaire: Protestant and Anglican (recorded as 20th-century American Episcopalians on Wikipedia)
Member of
American Theatre Hall of Fame, Republican Party (Wikidata)

Fred Astaire's widow charged fees for clips of him, lost a federal appeal over 90 seconds of film, and licensed him to a vacuum maker over his daughter's objection

Fred Astaire died on 22 June 1987, aged 88. His widow, Robyn, nearly 50 years younger, inherited all rights in his name, voice and likeness under California Civil Code section 990. In 1992 she asked $15,000 a minute for footage in the Kennedy Center's televised tribute to Ginger Rogers; the center would not pay and the Astaire numbers were cut from the broadcast. MGM needed months of talks to clear Astaire clips for That's Entertainment! III in 1994. In 1989 she sued Best Film & Video, whose "Fred Astaire Dance Series" instructional tapes opened with about 90 seconds from Second Chorus and Royal Wedding. The district court ruled for her. On 20 June 1997 the Ninth Circuit reversed, holding that a videotape is exempt from the statute just as a film is. It denied rehearing 2-1 in February 1998, and the US Supreme Court declined the case on 5 October 1998. During the 1997 Super Bowl, commercials she licensed showed Astaire, digitally altered, dancing with Dirt Devil vacuum cleaners. His daughter, Ava Astaire McKenzie, returned her own Dirt Devil and said he had been "sold to the devil." His son, Fred Jr., backed Robyn. In 2026 Robyn Astaire still controls licensing of his likeness†.

What the law took from it

Leaving image rights to one heir gives that heir sole control over how the dead person is sold, whatever the other children think.

Cite as: celebrity.estate, “Fred Astaire's widow charged fees for clips of him, lost a federal appeal over 90 seconds of film, and licensed him to a vacuum maker over his daughter's objection,” story s304, https://www.celebrity.estate/fred-astaire-1987, updated 30 October 2026.

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