Comedy III Productions, Inc. v. Gary Saderup, Inc.
Supreme Court of California
21 P.3d 797 (Cal. 2001)
Relevant factsFree
Comedy III (plaintiff), which owned the rights to the Three Stooges' likenesses, sued artist Gary Saderup (defendant) for selling lithographs and t-shirts bearing his charcoal drawing of the deceased Stooges' faces, without permission, under a right-of-publicity theory. The trial court and court of appeal both ruled for Comedy III, and Saderup appealed, arguing his artwork was protected First Amendment expression.
IssueFree
Whether an artist can use the First Amendment as a defense to a right-of-publicity challenge to his or her work.