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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1998

Faculty Scholarship

Intellectual Property Law

Texas A&M University School of Law

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Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu Sep 1998

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu

Faculty Scholarship

Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …