Re: Non Sequitur vs. LICD

PatONeill wrote:
On Jun 9, 11:17 am, JC Dill <jcdill.li...@xxxxxxxxx> wrote:

It appears you are referring to California Civil Code 3344 (the Fred
Astaire celebrity protection act).

3344. (a) 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
...

The Twitter account was not using LaRussa's name "on or in products,
merchandise, or goods, or for purposes of advertising or selling, or
soliciting purchases of, products, merchandise, goods or services", it
was clearly a parody. The whole point of the parody fair-use exemption
is to permit parody without permission (of the person or company being
parodied). Parody of celebrities (including using their name or
likeness) is still allowed:

I think you'd have a hard time convincing a court that such a usage
wasn't selling something--that is, it was acting as advertising of the
cleverness and humor of the originator,

That doesn't make it a commercial advertisement as defined by law.

in hopes of getting a paid
gig. There's not much point to going to that extent without hope of a
monetary payoff eventually.

Did you even *read* the citation I provided where the courts ruled that parody was still allowed? The citation was for a parody in an ObComic book where they drew characters that clearly resembled the likeness of the celebrities, and gave the charcters names that were the same first names with a parody of their real last names.

jc

.

Relevant Pages

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