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Transformative Use Comes of Age in Right of Publicity Litigation

Published in Landslide Volume 4, Number 1, September/October 2011. © 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

The threshold to celebrity has lowered dramatically in recent years. With a cell phone and enough bravado, celebrity status can now be minted instantaneously. Equally instantaneous is the ability of others to superimpose and manipulate a celebrity’s likeness. This tension is not new, but the rapidly changing technological landscape in the digital age presents complicated legal considerations for both celebrities and those who use their images and likenesses.

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Transformative Use Comes of Age in Right of Publicity Litigation

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