Question

1. Highlight the pertinent facts; 2. Identify the issue of law posed by the case problem; 3. What should be the decision in the case? 4. The reasoning for such decision.

A famous singer sued an automobile manufacturer and distributer and its advertising agency based on a television commercial employing a “sound alike” vocalist performing one of the singer’s well known hit songs. What tort did she likely sue under and what would be the likely result?

Answer 1

1. Highlight the pertinent facts:

• A famous singer's sound alike voice was used by an automobile manufacturer and distributer and its advertising agency for its commercials.
• Petitioner claimed for violation of her common law right of publicity.
• The other factso of the case are similart to Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988)

2. Identify the issue of law posed by the case problem

• Petitionercould not state a claim for violation of Section 3344 because her actual voice was not used in the commercial, although she could nevertheless state a viable claim for violation of her common law right of publicity.

3. What should be the decision in the case?

• Decision should favour the petitioner as in the mentioned case law.

4. The reasoning for such decision.

• In the case, court held the following judgement:

"We hold only that when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California. Midler has made a showing, sufficient to defeat summary judgment, that the defendants here for their own profit in selling their product did appropriate part of her identity."

(http://corporate.findlaw.com/litigation-disputes/practitioner-s-guide-to-california-right-of-publicity-law.html)