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Comedy III Productions, Inc. v. Gary Saderup, Inc.

25 Cal.4th 387, 21 P.3d 797, 106 Cal. Rptr. 2d 126 (2001)

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Comedy III Productions, Inc. v. Gary Saderup, Inc.

California Supreme Court

25 Cal.4th 387, 21 P.3d 797, 106 Cal. Rptr. 2d 126 (2001)

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Facts

Comedy III Productions, Inc. (Comedy III) (plaintiff) owned the rights to the comedy act “The Three Stooges” (Stooges), each of whom is deceased. Gary Saderup of Gary Saderup, Inc. (collectively, Saderup) (defendants) was an artist who created a charcoal drawing of the faces of the Stooges. Saderup used the drawing on lithographs and t-shirts that he sold. Comedy III brought suit for misappropriation of its right to publicity of the Stooges. The trial court found in favor of Comedy III and the court of appeal affirmed. Saderup appealed.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

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