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Courts Are Split On Tests for Right of Publicity

The California Court of Appeal relied on a similarity test in prior California Supreme Court cases in recently finding that three video-game companies had a First Amendment right to create a character that shared some traits with Kieren Kirby, or 'Lady Miss Kier,' the former lead singer of the 1990s funk band Deee-Lite. <i>Kirby v. Sega of America</i>. But in a 2003 Missouri Supreme Court decision involving former St. Louis Blues hockey player Tony Twist, the judges found that Twist might have a case alleging that his name and likeness were exploited to sell the comic book 'Spawn.' <i>Doe v. TCI Cablevision</i>.

3 minute read December 28, 2006 at 11:09 AM
By
Amanda Bronstad
Courts Are Split On Tests for Right of Publicity

The California Court of Appeal relied on a similarity test in prior California Supreme Court cases in recently finding that three video-game companies had a First Amendment right to create a character that shared some traits with Kieren Kirby, or 'Lady Miss Kier,' the former lead singer of the 1990s funk band Deee-Lite.

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