The case involves a dispute between actors and CBS over the unauthorized use of the actors' name, image, likeness, or identity in a motion picture called "Legend of the White Horse." The actors sued CBS for violating the Civil Code section 3344, which prohibits the unauthorized use of an individual's name, image, identity, or likeness for personal gain. CBS argued that the actors' right to publicity claims were preempted by federal copyright law since the actors' performances in the film were copyrightable. The court ruled that the actors' claims were preempted by federal copyright law because the underlying subject matter in this case is copyrightable, and the actors' performances in the film meet the statutory definition of "works of authorship."
Fleet v. CBS, Inc. (1996)
Court of Appeal of the State of California
50 Cal. App. 4th 1911
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