Deal reached over Monroe nude photos

NEW YORK - January 13, 2009 The pictures were among some 2,500 shots Bert Stern took of the movie star at the Bel Air Hotel in Los Angeles in 1962 for Vogue magazine just before her drug overdose death that year.

The photos show Monroe, star of "Gentlemen Prefer Blondes" and other movies, in various gently erotic poses behind a piece of transparent, white gauzy fabric. Stern recreated the shots in February 2008 with actress Lindsay Lohan.

Stern, 78, sued three photographers for $1.7 million last year after they told him they had found seven film transparencies of the shoot. He said he believed the film had been stolen after he loaned it to now-defunct Eros magazine in the summer of 1962.

Photographers Donald Penny and Michael Weiss said colleague Robert Bryan had found the film in curbside garbage in midtown Manhattan in the 1970s and kept it in a shoe box as memorabilia for the last 35 years.

Their lawyer, Jamie Brickell, said Stern acknowledges in the settlement that his clients did nothing wrong. Brickell said Penny, Weiss and Bryan never asked Stern for any money; he said they only discussed returning the transparencies in exchange for a set of prints that they could keep.

Brickell and Stern's lawyer, Stephen Weingrad, said Stern, Penny and Weiss will develop nine sets of photos from the transparencies and sell them. He said the issue of how the proceeds are to be distributed is confidential.

"Since only nine sets of seven prints each will be produced, we are very excited," Weiss of Mount Kisco, N.Y., and Penny of Briarcliff Manor, N.Y., said through Brickell. "These are great shots of Marilyn Monroe. With the original film and the digital tools we now have at hand, we will be able to create wonderful, unique one-of-a-kind prints."

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