Legal Opinion
Fleet v. CBS, INC.
California Court of Appeal
Decided November 26, 1996No. B100377PublishedCited by 46 opinions
1Opinion of the Court
Opinion
BARON, J.
In this case we are asked to decide a very narrow issue: whether an actor may bring an action for misappropriation of his or her name, image, likeness, or identity under section 3344 of the Civil Code when the only alleged exploitation occurred through the distribution of the actor’s performance in a motion picture. The trial court concluded that to the extent California law would permit such claim, it was preempted by federal copyright law. We agree with the trial court and affirm.
Factual Background
The crucial facts are not disputed. In 1985, Legend Productions (Legend), a…
2Cases cited18 opinions
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- California Federal Savings & Loan Ass'n v. GuerraSupreme Court of the United States · 1987
- Zacchini v. Scripps-Howard Broadcasting Co.Supreme Court of the United States · 1977
- Kareem Abdul-Jabbar v. General Motors Corporation Leo Burnett Company, Inc.Court of Appeals for the Ninth Circuit · 1996
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3Cited by46 opinions
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- San Diego Watercrafts, Inc. v. Wells Fargo BankCalifornia Court of Appeal · 2002
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