Right of Publicity Flashcards
Protects right of an individual to control and profit from commercial value of his/her own identity.
Right of Publicity
Particularly applicable to celebrities who seek to protect economic interest in developing marketable image
Right of Publicity
As long as product is expression, first amendment complete defense. Includes parody, lampooning
Expressive Test
If use predominantly to exploit the commercial value of an individual’s identity rather than making an expressive comment on or about celebrity, then first amendment is not defense.
Predominate Purpose Test
If creative elements outweigh literal and imitative elements, first amendment complete defense.
Transformative Test
If appropriation of a celebrity likeness is creating a false and misleading impression that celebrity is endorsing product, then no defense. Especially applicable to titles because in and of themselves, titles have no artistic relevance
Rogers Test:
