I checked out the Spaceballs animated show and I noticed that some of the depictions of the characters in the show closely resembled the actual person/character and others did not. Is it my understanding that MGM Television Entertainment Inc. must receive permission from any person/author to use a particular likeness in the show? Therefore, if they do not receive this permission then they are unable to use the exact likeness of the person/character in the show, but they can use a depiction that closely resembles the person/character.
For instance in the episode "Outbreak," the writers obviously were intending to portray Clark Kent getting into the phone booth and transforming into Superman. However, the "Superman" character was not the actual Superman, just a look alike.
So, it is not infringement to use a look alike. Even if the audience perceives the look alike to be the original person/character? I am confused how this is not infringement of the copyright owner or person.
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The celebrity impersonator issue bugged me a little bit as well. So I looked online for some info..
ReplyDeleteWhat I found was that the " In response to lookalike situations, the courts have introduced the likelihood-of-confusion test. The test is borrowed from the trademark laws and attempts to assess the impact or degree of confusion the consumer or viewer will experience when confronted with a commercial production featuring a celebrity lookalike."
http://law.richmond.edu/jurispub/1997/09/Celeb.htm
Also this link takes you to a website that's pretty extensive in explaining why using the name or likeness of a person is a violation of their "right to privacy" and their "right to publicity".
http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another
Jamie, is Superman's 'likeness' that of an actor or a fictional character?
ReplyDeleteThe Superman ‘likeness’ is a fictional character in that superheroes do not exist. However, the Superman character does exist on film and print. Everyone has an idea of what Superman looks like…a man with a cape, flying through the air, in a blue and red suit, with a big letter on his chest.
ReplyDeleteSo, are they able to use the ‘likeness’ of the character because it is fictional?
I can top this one for sure.
ReplyDeleteAn old marketing colleague who now works for a major biotech corporation appeared in their marketing adds flying sideways with the blue tights, red cape, the whole nine yards. I'll try and find the ad and paste it on here :-)
I doubt they bought any rights to put that add out. Guessing they probably banked on the superman people never browsing scientific catalogs. Then again, would anyone confuse that short guy with a beard, holding a test tube, for superman? Maybe...
Dave