[DOWNLOAD] "Eastwood V. Superior Court Of Los Angeles County" by Second Appellate District, Division Seven Court of Appeal of California # eBook PDF Kindle ePub Free

eBook details

Title: Eastwood V. Superior Court Of Los Angeles County
Author : Second Appellate District, Division Seven Court of Appeal of California
Release Date : January 01, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 82 KB

Description

(See fn. 1.) In this proceeding in mandate,*fn1 we inquire into the propriety of the respondent court's ruling sustaining without leave to amend the general demurrer of the real party in interest, National Enquirer, Inc. (Enquirer), to the second cause of action of the complaint of petitioner, Clint Eastwood (Eastwood), for commercial appropriation of the right of publicity. We consider whether the unauthorized use of a celebrity's name, photograph, or likeness on the cover of a publication and in related telecast advertisements, in connection with a published nondefamatory article, which is false but presented as true, constitutes an actionable infringement of that person's right of publicity under both the common law and Civil Code section 3344, subdivision (a). We have determined that such use constitutes commercial exploitation and is not privileged or protected by constitutional considerations or expressly exempted as a news account under Civil Code section 3344, subdivision (d). Accordingly, we have concluded that the respondent court improperly sustained the general demurrer to the second cause of action without leave to amend.