1. The “Transformative” Test and the Right of Publicity: No Doubt About it – You’ve Got to Have Hart Jody Blanke Mercer University Professor of Computer Information Systems and Law

2. A Picture is Worth a Thousand Words

3. Band Hero

4. Band Hero Youtube Videos  Just a Girl - No Doubt Just a Girl - No Doubt  Wannabe - Gwen Stefani and Taylor Swift Wannabe - Gwen Stefani and Taylor Swift  Honky Tonk Women - Gwen Stefani and Taylor Swift Honky Tonk Women - Gwen Stefani and Taylor Swift  Honky Tonk Women - An All-Gwen Stefani Band with a Really Bad Singer Honky Tonk Women - An All-Gwen Stefani Band with a Really Bad Singer

5. NCAA Football

9. Ryan Hart

10. The Right of Privacy Pavesich (1905)

11. The Right of Publicity Haelan (1953)

12. California Right of Publicity  C AL. C IV. C ODE § 3344(a) (2011)  Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof...

13. California Right of Publicity  C AL. C IV. C ODE § 3344.1 (2011)  (a)(1) Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof...  (g) An action shall not be brought under this section by reason of any use of a deceased personality's name, voice, signature, photograph, or likeness occurring after the expiration of 70 years after the death of the deceased personality.

14. Comedy III v. Saderup (2001)

15. Zacchini (S. Ct. 1977) “Human Cannonball”

16. Estate of Presley v. Russen (1981)

17. Campbell v. Acuff-Rose (1994)

18. Cardtoons (1996)

19. Andy Warhol

20. ETW v. Jireh Publishing (2000)

21. Winter v. DC Comics (2001)

22. Doe a/k/a Tony Twist v. TCI (2004)

23. Kirby v. Sega (2006)

24. Kirby v. Sega Youtube Videos  Groove is in the Heart - Deee-Lite (1991)Groove is in the Heart - Deee-Lite (1991)  What is Love? - Deee-Lite (1991)What is Love? - Deee-Lite (1991)  Space Channel 5 - Introducing UlalaSpace Channel 5 - Introducing Ulala

25. Hilton v. Hallmark Cards (2009)

26. Hoffman v. Capital Cities (2001)

27. Fantasy Sports Cases  C.B.C. v MLB Advanced Media (2006) Gionfriddo v. MLB (2001)  CBS Interactive v. NFLPA (2009)

28. Recent Video Game Cases  Keller v. Electronic Arts (2010)  No Doubt v. Activision (2011)  Hart v. Electronic Arts (2011)