Winter v. DC Comics

The Winter brothers (plaintiffs), musicians known for their long white hair, albino features, and Johnny's tall black top hat, sued DC Comics (defendant) for depicting similar-looking villain characters, 'the Autumn brothers,' in a comic-book series volume titled Autumns of Our Discontent, alleging misappropriation of their likenesses. The trial court granted DC Comics summary judgment; the Court of Appeal reversed, finding a triable issue on First Amendment protection, and DC Comics obtained review.

Whether an artist's work is protected by the First Amendment against a celebrity's right-of-publicity challenge if it is significantly transformed from the celebrity's likeness.