Legal Question in Intellectual Property in California
I have an intellectual property case and need to know how many attributes of identity need be copied in order to have a right of publicity case.
2 Answers from Attorneys
Wow, someone Who Has A Case. The Calfiornia statute, Civil Code � 3344, just says, "Anyone who uses another's name, voice, signature, photograph, or likeness, in any manner[.]"
Mr. Stone omits "knowingly" between "who" and "uses," otherwise he is right insofar as the applicable statute. I think, however, that judging whether to sue in the first place, whether to negotiate a settlement and what to think is a fair settlement, what to ask for in the way of damages, and all other aspects of a lawsuit must be determined based upon a combination of experience, client injury, strength of all aspects of the case, and depth of defendant pockets.