Copyright Preemption And The Right Of Publicity

Law360, New York (April 29, 2010, 12:35 PM EDT) -- Your client is a world famous pop musician named Red. Red’s signature image is derived from her obsession with the color red. In fact, Red has never been seen in public wearing anything other than a red outfit. Red meticulously protects and controls all uses of her image.

Red signed a contract with a video game company to allow her likeness to be used as a character in the company’s latest hit game, Pop Hero. Red’s contract provides permission to use her likeness for the limited...
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