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The “Transformative” Test and the Right of Publicity: No Doubt About it – You’ve Got to Have Hart

The “Transformative” Test and the Right of Publicity: No Doubt About it – You’ve Got to Have Hart. Jody Blanke Mercer University Professor of Computer Information Systems and Law. A Picture is Worth a Thousand Words. Band Hero. Band Hero Youtube Videos. Just a Girl - No Doubt

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The “Transformative” Test and the Right of Publicity: No Doubt About it – You’ve Got to Have Hart

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  1. The “Transformative” Test and the Right of Publicity:No Doubt About it – You’ve Got to Have Hart Jody Blanke Mercer University Professor of Computer Information Systems and Law

  2. A Picture is Worth a Thousand Words

  3. Band Hero

  4. Band Hero Youtube Videos • Just a Girl - No Doubt • Wannabe - Gwen Stefani and Taylor Swift • Honky Tonk Women - Gwen Stefani and Taylor Swift • Honky Tonk Women - An All-Gwen Stefani Band with a Really Bad Singer

  5. NCAA Football

  6. NCAA Football

  7. NCAA Football

  8. NCAA Football

  9. Ryan Hart

  10. The Right of Privacy Pavesich (1905)

  11. The Right of Publicity Haelan (1953)

  12. California Right of Publicity • Cal. Civ. Code § 3344(a) (2011) • Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. . .

  13. California Right of Publicity • Cal. Civ. Code § 3344.1 (2011) • (a)(1) Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof. . . • (g) An action shall not be brought under this section by reason of any use of a deceased personality's name, voice, signature, photograph, or likeness occurring after the expiration of 70 years after the death of the deceased personality.

  14. Comedy III v. Saderup (2001)

  15. Zacchini (S. Ct. 1977) “Human Cannonball”

  16. Estate of Presley v. Russen (1981)

  17. Campbell v. Acuff-Rose (1994)

  18. Cardtoons (1996)

  19. Andy Warhol

  20. ETW v. Jireh Publishing (2000)

  21. Winter v. DC Comics (2001)

  22. Doe a/k/a Tony Twist v. TCI (2004)

  23. Kirby v. Sega (2006)

  24. Kirby v. Sega Youtube Videos • Groove is in the Heart - Deee-Lite (1991) • What is Love? - Deee-Lite (1991) • Space Channel 5 - Introducing Ulala

  25. Hilton v. Hallmark Cards (2009)

  26. Hoffman v. Capital Cities (2001)

  27. Fantasy Sports Cases • C.B.C. v MLB Advanced Media (2006) • Gionfriddo v. MLB (2001) • CBS Interactive v. NFLPA (2009)

  28. Recent Video Game Cases • Keller v. Electronic Arts (2010) • No Doubt v. Activision (2011) • Hart v. Electronic Arts (2011)

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