The California Supreme Court has accepted “transformative use” as a First Amendment defense to a right-of-publicity claim for more than a decade. Comedy III Productions Inc. v. Gary Saderup Inc., 25 Cal.4th 387 (Cal. 2001).
Transformative Use Musings
The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.
By
Stan Soocher
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