Media, Information and Technoculture 2156A/B Lecture Notes - Lecture 10: California Civil Code, De Minimis, Dimension Films
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Ain"t nothin like the real thing: purpose of copyright to improve society in general, to encourage artists to make new content. Ain"t nothin like the real thing: your image has value, property rights in name, image, likeness. In this case: vocal sound and style: midler refused being used on the advertisement. Sued for million, received 000, under the california civil code: california civil code liable for replication of name, identity, likeness, signature without consent, tom waites declined offer to participate in the advertisement. Had warned that if they tried to replicate him, he would sue them. Exactly what they were doing in the commercial pretending that these people were endorsing the product when they (cid:449)ere(cid:374)"t. If you start letti(cid:374)g people (cid:862)di(cid:271)s(cid:863) a style (cid:271)ased o(cid:374) (cid:449)ho (cid:373)ade it fa(cid:373)ous, the(cid:374) fa(cid:373)ous people can take the style of lesser famous acts and steal their chances: advertisers did stop doing this after these two cases.