Re: Rights in real characters

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Wed, 6 Aug 97 18:11:35 PDT

On 05 Aug 1997, Sheldon Halpern <shalpern[_at_]pop.service.ohio-state.edu> wrote:
>
> The use of the image in this fictional movie is clearly
> :"commercial"

How do you figure? Not according to everything I know about the right of publicity.

> The use was clearly also not parodic.

Haven't seen the movie, but even if it were, parody is not a defense if there were a violation of the right of publicity in the first place.

> In short, there would seem to be an unexcused violation of the
> right of publicity.

Still don't see any legal basis for that statement.

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Bob Stock <bstock[_at_]ucla.edu>
UCLA School of Law '98
http://www.geocities.com/Paris/1206/

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Received on Thu Aug 07 1997 - 01:16:26 GMT