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Art Law Keyed to Gerstenblith, 4th Ed.
Comedy III Productions, Inc. v. Gary Saderup, Inc.
Citation:
21 P.3d 797 (2001)Facts
Comedy III Productions, Inc. is the registered owner of all rights to The Three Stooges, deceased celebrities within the meaning of California’s right of publicity statute. Gary Saderup is an artist with over twenty-five years of experience creating charcoal drawings of celebrities, which he uses to produce lithographic prints and silkscreened T-shirt images. Without securing Comedy III’s consent, Saderup sold lithographs and T-shirts bearing a likeness of The Three Stooges reproduced from his charcoal drawing. These products did not constitute advertisements, endorsements, or sponsorships of any other product. Saderup’s profits from these unauthorized sales totaled seventy-five thousand dollars. The parties stipulated to these facts and waived their right to a jury trial.
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