On Wed, 30 Jul 1997, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> I just saw the movie Contact. It contains approximately 3 minutes
> worth of speeches "by" Bill Clinton, which were actually created by
> the movie producer from existing film clips of Clinton. Clinton
> apparently did not approve this use, and was not paid.
>
> Is there any reason this wouldn't violate the right of publicity
> in California?
I was under the impression that using Clinton's likeness in a film will not violate his right of publicity because the film is not *trade* (usually merchandising products and advertising). To establish a violation, the producers would have to use his likeness in some form of advertisement or promotion or collateral gimmickry (Bill Clinton Contact doll) connected to the movie. "In addition, to plead the statutory remedy provided in Civil Code section 3344, there must also be an allegation of a knowing use of the plaintiff's name, photograph or likeness for purposes of advertising or solicitation of purchases." Eastwood v. Superior Court (National Enquirer), 149 Cal. App. 3d 409, 417 (1983).
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