It is far more than a "claim."

It is the legal right, as I understand it, and as granted by the Mark Twain
Foundation, to represent the Foundation's interests for any and all
representations of the Twain persona.

And that is something which goes far beyond the "fair use quotation," or the
right to use any and all material prior to 1923, or 1925, as one member of
the list recently suggested.

The printed word, perhaps.

But Mark Twain had the presence of mind, or the good legal advice, to
trademark his name and persona. Under the auspices of Richard Watson, the
Mark Twain Foundation, JP Morgan, et. al., it is my understanding that those
rights exist, and are presently conferred upon and represented by CMG, in
Indianapolis. Under those kinds of circumstances, trademark goes on, as
pointed out on this Forum, virtually forever.

Oddly enough, CMG represents all sorts of "celebrities." They have
vigorously
and successfully defended rights conveyed to them by various heirs,
successors,
and assigns. If memory serves me correctly, they control the commercial
rights
to the image and persona of a great many deceased celebrities, Marilyn
Monroe,
being one, for example, among others.

Now to use material previously published that has entered the public domain
is fine.

It's another thing entirely to say, "I may use whatever I please in any way
that I please, since all previously published material is now in the public
domain."

That would be an error, first class.

For example, much material is still under copyright. Consider "Letters
From the Earth," not published until 1962, upon Clara's passing, by Bernard
DeVoto.

Further, it is quite another thing altogether to assume the "persona" of
Mark Twain, using his name and his likeness for any kind of commercial
purposes. That being said, "commercial" is likely subject to the strictest
of
interpretations: any endeavor to which financial gain might be reasonably
attached.

The distinction may seem a fine one. It may, in fact, be unintentionally
subject to lax enforcement. But I fathom this does not abrogate the rights,
or
the legal under-pinnings of the Mark Twain Foundation's ownership of them,
or their right to do with them as they see most fit.

I defer to those with a greater knowledge or understanding than mine.
Often this subject has been a deep and murky pond. But the issue of Twain's
work, persona, and legacy is not as free and unencumbered, I think, as some
would suggest.

Roger Durrett
Charlotte, NC