Comedy III productions, Inc. v. Gary Saderup, Inc.
Lexis: 21 p.3d 797
Facts: Mr. Sadreup made t-shirts that depicted the three stoges. The three stoges are deceased but Comedy III production has the rights to publicity. Comedy III sued Mr. Saderup under the right of publicity statute.
Procedual posture: Trail court awarded damages, and court of appeals affirmed. Mr. Sadreup appealed.
Holding: affirmed.
Important Dicta: The holding said that the test is whether the work adds significantly creative elements as to be transformed into something more than a mere celebrity likeness or imitation. Here, what Mr. Sadreup did, did not contain any significant transformative elements. He took the literal depiction or imitation of the three stoges for his own commercial gain without substantially adding his own creative elements into it. Therefore he was trespassing the right of publicity. The court started out by saying that the three stoges is known world wide and is very famous. They have almost a mythic status in our culture. Therefore the right of publicity is strong and the ruling of the lower court is affirmed.
Likely future importance: this will make it hard for people to draw famous people. Therefore protecting those who the rights of publicity to famous people.
Analysis: This will make a huge impact for artists that want to make a quick buck. They can no longer draw famous people put it on shirts and get money from it. A way they can do it though, is that there is huge creativity that goes with the shirt. So for example if they draw mao zhe dong in a darth vadar shirt that might past the test. I believe that this will make aritists even more creative in creating tshirts.
Lexis: 21 p.3d 797
Facts: Mr. Sadreup made t-shirts that depicted the three stoges. The three stoges are deceased but Comedy III production has the rights to publicity. Comedy III sued Mr. Saderup under the right of publicity statute.
Procedual posture: Trail court awarded damages, and court of appeals affirmed. Mr. Sadreup appealed.
Holding: affirmed.
Important Dicta: The holding said that the test is whether the work adds significantly creative elements as to be transformed into something more than a mere celebrity likeness or imitation. Here, what Mr. Sadreup did, did not contain any significant transformative elements. He took the literal depiction or imitation of the three stoges for his own commercial gain without substantially adding his own creative elements into it. Therefore he was trespassing the right of publicity. The court started out by saying that the three stoges is known world wide and is very famous. They have almost a mythic status in our culture. Therefore the right of publicity is strong and the ruling of the lower court is affirmed.
Likely future importance: this will make it hard for people to draw famous people. Therefore protecting those who the rights of publicity to famous people.
Analysis: This will make a huge impact for artists that want to make a quick buck. They can no longer draw famous people put it on shirts and get money from it. A way they can do it though, is that there is huge creativity that goes with the shirt. So for example if they draw mao zhe dong in a darth vadar shirt that might past the test. I believe that this will make aritists even more creative in creating tshirts.