Robyn Astaire v. Best Film & Video Corp., Robyn Astaire v. Best Film & Video Corp.

Opinion by Judge WIGGINS; Dissent by Judge SCHROEDER.

WIGGINS, Circuit Judge:

Best Film & Video Corporation (“Best”) is a New York corporation which manufactures, markets, and distributes pre-recorded videotapes. Robyn Astaire (“Mrs.Astaire”) is the widow of the legendary performer Fred Astaire. Mrs. Astaire sued Best in federal district court, alleging that Best’s use of her late husband’s image in a series of dance instructional videotapes violated her statutory right to control such use under California law. Although the district court concluded that Astaire’s image was not used for the…