Transformativeness

Earlier this week, the California Court of Appeal gave a Valentine’s Day present to Twentieth Century Fox, by throwing out a right of publicity...

The New York Assembly introduced yet another right of publicity bill last week, Assembly Bill A08155. Such legislation is introduced almost every year in New York―focused on...

Oh, how the chickens come home to roost. In Comedy III v. Saderup, Inc., the California Supreme Court distinguished Andy Warhol’s celebrity portraits from those of Gary Saderup’s realistic portraits of The Three Stooges.

Now this unconvincing and unpredictable...