Mike Oliver <oliver[_at_]bowie-jensen.com> wrote:
>
> ... for this question assume [Oz] is in the public domain. If someone
> dresses up like Dorothy did in the movie (which is not in the public
> domain), does that violate the right of publicity of Judy Garland's
> estate (a la the "character" Charlie Chaplin developed, which I
> believe is still protected, IBM licensed it for their ads a while back).
I foresee an extension to Fair Use doctrine: "for the purposes of review, criticism, or being camp as a field of tents". :-)
Seriously, I suggest that cases against drag acts (and the more boring phenomenon of "tribute bands") would be a very good place to start looking for precedent. And if you hear of upcoming cases, I want to attend, to watch Hizonner deal with arguments about "passing off".
Mike "some of my best friends are friends of Dorothy" Holderness
http://www.poptel.org.uk/nuj/mike
<mch[_at_]cix.compulink.co.uk>
Received on Thu Jul 17 1997 - 13:13:39 GMT
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