Originally Posted by
Sandwich
Some funny tidbits from last night's Finkelstein call! I particularly liked the quote from the "Good Times" theme song, and the references to Hella Grapes, Tupac hologram drive-bys and the neck tattoo concern.
Some of the links in the chat during last night's radio show to the random "Shane Kellers" (registered sex offender, etc.) were hilarious. This cab driver seemed very willing to pump himself up as an animal lover, father, volunteer and all around charitable individual. Maybe Mr. Finkelstein is not done vetting this prospective investment?
Also, the relevant law in California pertaining to this guy's idea is the California Celebrity Rights Act, which, after 70 years after a person's death, allows use of the "name, voice, signature, photograph or likeness on or in products, merchandise or goods" of the person, without consent of the estate. Similar laws have been enacted by 12 other states.
For Mr. Alvin Finkelstein's review:
"WEST’S ANNOTATED CALIFORNIA CODES
CIVIL CODE
DIVISION 4. GENERAL PROVISIONS
PART 1. RELIEF
TITLE 2. COMPENSATORY RELIEF
CHAPTER 2. MEASURE OF DAMAGES
ARTICLE 3. PENAL DAMAGES
§ 3344.1. Deceased personality’s name, voice, signature, photograph, or likeness; unauthorized use; damages and profits from use; protected uses; persons entitled to exercise rights; successors in interest or licensees; registration of claim
(a)(1) Any person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties shall be required to present proof only of the gross revenue attributable to the use and the person who violated the section is required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party or parties in any action under this section shall also be entitled to attorneys’ fees and costs.
(2) For purposes of this subdivision, a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art , work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or non-fictional entertainment, or a dramatic, literary, or musical work
...
(g) No action shall be brought under this section by reason of any use of a deceased personality’s name, voice, signature, photograph, or likeness occurring after the expiration of 70 years after the death of the deceased personality.
...
(h) As used in this section, "deceased personality" means any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death, whether or not during the lifetime of that natural person the person used his or her name, voice, signature, photograph, or likeness on or in products, merchandise or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services. A "deceased personality" shall include, without limitation, any such natural person who has died within 70 years prior to January 1, 1985.
(i) As used in this section, "photograph" means any photograph or photographic reproduction, still or moving, or any video tape or live television transmission, of any person, such that the deceased personality is readily identifiable. A deceased personality shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine who the person depicted in the photograph is.
(j) For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).
...
(o) This section shall be known and may be cited as the Astaire Celebrity Image Protection Act."