Jan 22, 1997344 words · 2 min
First Win in Court: Death Row Must Halt Tupac Merchandise
No merchandise without permission: How Afeni Shakur stopped Death Row in court in January 1997, the first legal victory for Tupac's estate.
Original: “Tupac’s Mother Wins Suit Against Death Row” · MTV News · no byline · January 22, 1997
According to the report, the trigger was a flyer tucked into All Eyez on Me: through it, Death Row offered T-shirts, caps, and sweatshirts featuring Tupac’s image. Afeni Shakur filed suit on December 13, 1996. Four months after her son’s death, she secured an initial victory against his label: according to MTV, a federal court in Los Angeles ordered on Tuesday, January 21, 1997, that Death Row could no longer sell Tupac merchandise without the estate’s consent.
Judge Byrne Halts Sales: 18 Percent for Afeni
Judge William Matthew Byrne ordered Death Row, manufacturer Cronies, and distributor Globex to obtain the estate’s permission prior to any further sales. In addition, Afeni Shakur was entitled to an 18 percent share of all merchandise revenue from the final quarter of 1996. In total, according to estimates, up to $500,000 could flow to the estate.
The Family Decides, Not the Label
The order was small compared to what followed, but it sent a clear message: after his death, Tupac’s family-not his label-decided on his name and likeness. The report speaks of a won lawsuit. Strictly speaking, it was a court order in an ongoing proceeding. The figures stem from media reports of those days and were not further confirmed.
MTV’s sources also contradict each other regarding the dates: a retrospective from September 1997 states that Afeni sued “six weeks after his death,” meaning late October 1996. This report cites December 13. Which date is correct could not be determined.
The Prelude to the $17 Million Lawsuit
The merchandise dispute was the opening round. In April 1997 came the major $17 million lawsuit over unpaid royalties, followed in the fall by the settlement that granted Afeni the rights to Tupac’s unreleased music.
Judge Byrne was no unknown figure: in 1973, he had presided over the Pentagon Papers trial against Daniel Ellsberg.
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