Misappropriation of likeness: Rapper plans to sue Spring Breakers producers for "not so likeable" character
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Next beach break coming up soon for this Kat ... |
Celebrities and their lawyers must be on
the lookout for protecting their IP rights, including the rights to one’s name, picture and
likeness. Personality or fame is the product/service being sold to attract consumers' attention, so third parties will tend to misappropriate the celebrity's identity to gain a commercial
advantage- as Topshop tried to do with Rihanna’s picture reported here.
This Kat always wondered what all the
fuss is about “Spring break” in the US --being a fan of a good fun holiday break but
not necessarily in Spring -- and watched ‘Spring Breakers’
the movie one lazy Sunday night. Although, in her humble opinion, this viewing will not remain the
most memorable cinematographic work she has ever seen, this Kat can say the Director’s attempt
at a critique of the over-scandalous lifestyle of the Spring Break madness was
well portrayed in some sort of dreamy-documentary way (feel free accept this
review or turn to Rotten tomatoes).
The movie hit theatres in 2012 and was
released on DVD on last July 17 when the industry -and potential plaintiffs, adds Merpel -have
an idea of the gross profit generated- $32 million worldwide. This coincided
with rapper Riff Raff (born Jody
Christian) alleging that one of the main
characters, Alien -- played by James Franco -- misappropriated his likeness. As of 20 July 2013, he was assembling
a "lawyer team" in order to sue the movie producers.
The Houston based rapper-- who owes partly his fame to an MTV reality show --claims
there is a strong resemblance between him and Alien’s character due to “long braids and
blinged-out grillz”. The protagonist can also be described as a “gangster mystic”
who plays with guns, drugs and the film’s female leads.
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James Franco's 'Alien
v Riff Raff |
In order to enforce his right of publicity successfully in the US (this is a right which does not exist in
the UK, as explained in the case of Rihanna)- a plaintiff must demonstrate the following
criteria established in Eastwood v Superior Court (California Court of Appeal,
1983):
(1) Defendant’s
use of Plaintiff’s identity
(2) Appropriation
of Plaintiff’s name or likeness to Defendant’s advantage
(3) Lack
of consent of the Plaintiff and
(4) Resulting
injury to the Plaintiff
So Riff Raff would have to plead in
Court that his likeness as a notorious drug-dealing gangster was appropriated
without his consent – instead of the likeness being reportedly that of a competing rapper, Dangeruss, who got
more credit as the inspiration for Alien’s character. The California Court in White v Samsung, (9th Cir.
1992), applying this precedent, reiterated that
“if
the celebrity's identity is commercially exploited, there has been an invasion
of his right whether or not his "name or likeness" is used. Considerable energy and
ingenuity are expended by those who have achieved celebrity value to exploit it for
profit. The law protects the celebrity's sole right to exploit this
value whether the celebrity has achieved her fame out of rare ability, dumb
luck, or a combination thereof.”
The rapper revealed he plans
to sue for 8 to 10 million dollars, which might seem extreme for some but falls
within the average damages compensation for infringing a celebrity’s
publicity right in the USA.
Celebrities and cats here and here.
Top four Spring break destinations for cats here.
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I suppose a sort of squeeze argument could be run here where a comparison between Alien and Dangeruss and between Riff Raff and Alien would need to be done. One cannot monopolise gangster characteristics in general, only those that are specific to you, presumably.
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