Right to Publicity: "Sound-a-Likes" & Robots

Midler v. Young & Rubicam (1988) $400,000

"a voice is as distinctive and personal as a face...To impersonate her voice is to pirate her identity."

Waits v. Frito-Lay and Tracy-Locke, Inc. (1992) $475,000 ($2.6 million)

"The story of T-L's search for a lead singer suggests that nothing would do but a singer who could not only capture the feeling of 'Step Right Up' but also imitate Tom Waits' voice."

White v. Samsung Electronics, 971 F.2d 1395 (1993)

$403,000 jury award in 1994.

"Longest Running Game Show, 2012 A.D."

"robot dressed in wig, gown and jewelry...consiouisly selected to resemble Vanna White's hair and dress."

"If the celebrity's identity is commercially exploited, there has been an invasion of his right to publicity, whether or not his name or likeness is used.."

Int-elect Engineering v. Clinton Harley Corp (1993)

P "customized" a Yamaha FZR600 motorcycle by having an American flag painted on it. Photo of bike appeared in Motorcyclist magazine. Subsequently, the same photo appeared wothout consent in ad for Motorcycle Mechanics Institute and on "blow-in" card for Motorcyclist magazine.

Likeness: Even though the ads did not picture the P, the motorcycle was distinctive enough to constitute a use of a 'readily-identifiable artistic creation,' therefore could be basis for appropriation claim