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Intellectual Property
Aug. 21, 2003
Speaking Out
Writing the latest chapter in the struggle to resolve the tension between the statutory right of publicity and the constitutional right of free speech, the state Supreme Court has limited the circumstances under which its own 2-year-old "transformative" doctrine can be used to force creators of expressive works to face a jury trial in publicity-rights cases. Winter v. DC Comics , 30 Cal. 4th 881 (2003).
Douglas E. Mirell
Partner, Greenberg Glusker Fields Claman & Machtinger LLP
Email: dmirell@greenbergglusker.com
Doug's practice focuses on privacy, defamation, publicity rights, copyright, trademark and First Amendment litigation.
Writing the latest chapter in the struggle to resolve the tension between the statutory right of publicity and the constitutional right of free speech, the state Supreme Court has limited the circumstances under which its own 2-year-old "transformative" doctrine can be used to force creators of expressive works to face a jury trial in publicity-right...