1. Publicity II Intro to IP – Prof Merges 4.21.09

2. Course evaluations https://www.law.berkeley.edu/1980.htm Open until 5/1/09

3. Moe Howard was born on June 19, 1897, in Bensonhurst, New York, a small Jewish community on the outskirts of Brooklyn. Moe's real name was Moses Horwitz. Moe's mother's name was Jennie Horwitz, and his father was clothing cutter Solomon Horwitz. Curly Howard's real name was Jerome Lester Horwitz. He was born to Jenny and Solomon Horwitz on October 22, 1903, the fifth and youngest of the five Horwitz brothers. Larry Fine was born Louis Fienberg on October 5, 1902 on the south side of Philadelphia, Pennsylvania. His father, Joseph Fienberg, and mother Fanny Lieberman, owned a watch repair and jewelry shop.

4. Gary Saderup wants his audience to "see into the hearts" of his subjects. If you look into the eyes of his works, you can see just that. At age five, Gary began art lessons and continued his drawing throughout childhood. Building on his multifaceted abilities, he majored in illustration and film while attending the Art Center College of Design in Pasadena, California.

5. C3 Entertainment, Inc.’s Licensing Division is charged with the responsibility of managing the licensing and merchandise program for The Three Stooges. We accomplish this through the pursuit of the right commercial opportunities that properly preserve the integrity of The Three Stooges while maintaining desired branding and positioning for The Three Stooges. We devote personalized attention to each of our nearly 100 licensees and we are sensitive to the unique situations and financial goals of each. Years of experience combined with a true sense of support and responsiveness for our licensees distinguish C3’s licensing team as one of the best in the industry. Contact us today and let us explore together how we can develop mutually beneficial merchandising and licensing programs. -- http://www.c3entertainment.com/licensing.asp

6. Comedy III v. Gary Saderup Facts Doctrine Theory

7. Facts Lithographs (prints) T-shirts Based on original charcoal drawing

8. State by state variation California, NY, Tennessee Indiana: center for publicity licensing

9. “Unfortunately morality appears to be a waning rule of conduct today, almost an endangered species, in this uneasy and tortured society of ours: a society in which sadism and violence are highly visible and often accepted commodities, a society in which guns are freely available and energy is scarce, a society in which reason is suspect and emotion is king. Thus with a feeling of futility I recognize the melancholy truth that the anticipated dawn of enlightenment does not seem destined to appear soon.”

10. Advertising v. Expressive Works Advertising is “commercial speech,” subject to lower level of protection than other speech, including expressive works Supreme Court caselaw

11. Cal Civil Code 3344.1 “Name, voice, signature, photograph or likeness” “on or in products, [or for] advertising... Products” Holder of rights: sub. B – by will or contract; (d) by statutory descent

12. Duration: 50 years after death Note “class voting” rules

13. Moe and Larry died in 1975, Curly in 1952 What is the remaining term of protection in California?

14. "Saderup's lithographic prints of The Three Stooges are themselves tangible personal property, consisting of paper and ink, made as products to be sold and displayed on walls like similar graphic art."

15. If all graphic art is the relevant "product," then any reproduced likeness of the celebrity is prima facie infringing Must look for a statutory or First Amendment defense

16. Defemation Public figures vs. “ordinary people” Gertz v. Welch Actual malice/reckless disregard for truth

17. Prior restraint Injunctions in 1 st Amendment cases Heavily disfavored – National security, one of the few exceptions

18. Primary distinctions Andy Warhol's silk-screen prints of Marilyn Monroe, Elizabeth Taylor and Elvis Presley: okay under the “transformative” test But Saderup’s prints are not – Justification?