Issue
Under the California Civil Code § 3344, will former Governor Arnold Schwarzenegger be able to suppress images from his storied career being used on T-Shirts sold by Newsflash Creative Media on the grounds that the images have violated his right of publicity in the state of California?
Conclusion
Yes. Former Governor Arnold Schwarzenegger will be able to suppress the images being used on the T-Shirts sold by Newsflash Creative Media under the California Civil Code § 3344 because Code prohibits the use of a person’s “photograph or likeness … on or in products … for the purposes of advertising or selling … without such person’s consent …” The images have not been sufficiently “transformed” into something unique and original enough to …show more content…
Mr. Schwarzenegger has been out of the political arena for a while now and is currently jumpstarting his career in film industry yet again; last year alone, he earned 35 million dollars from acting and product promotions. But, on July 14th, 2015, he publicly announced his endorsement of a Gordon Alexander for the upcoming California senatorial election in 2016. The very next day, Newsflash Creative Media began selling three different T-Shirts for fifteen dollars each: the first shows an image of Mr. Universe-Arnold with text overlaying it reading “Newsflash” and “Robot, Statesman, Governor”; the second shows an image of Terminator-Arnold with text overlaying it reading “Newsflash” and Governor Terminator”; while the third shows an image of Conan-Arnold with text overlaying it reading “Newsflash” and “Governor Arnold”. On the back of these T-Shirts is politically charged rhetoric calling people to “Vote for Gore – the ‘Tea Party’ Republican”. Newsflash Creative Media did not ask for Schwarzenegger’s consent to using these images, and besides the varying overlaying text, the images have not been changed in any way from their originals. The proceeds from the T-Shirt sales are going to the political campaign “Elect Harley Gore for Senate”, but there is no evidence that the company itself is part of a political
Under the California Civil Code § 3344, will former Governor Arnold Schwarzenegger be able to suppress images from his storied career being used on T-Shirts sold by Newsflash Creative Media on the grounds that the images have violated his right of publicity in the state of California?
Conclusion
Yes. Former Governor Arnold Schwarzenegger will be able to suppress the images being used on the T-Shirts sold by Newsflash Creative Media under the California Civil Code § 3344 because Code prohibits the use of a person’s “photograph or likeness … on or in products … for the purposes of advertising or selling … without such person’s consent …” The images have not been sufficiently “transformed” into something unique and original enough to …show more content…
Mr. Schwarzenegger has been out of the political arena for a while now and is currently jumpstarting his career in film industry yet again; last year alone, he earned 35 million dollars from acting and product promotions. But, on July 14th, 2015, he publicly announced his endorsement of a Gordon Alexander for the upcoming California senatorial election in 2016. The very next day, Newsflash Creative Media began selling three different T-Shirts for fifteen dollars each: the first shows an image of Mr. Universe-Arnold with text overlaying it reading “Newsflash” and “Robot, Statesman, Governor”; the second shows an image of Terminator-Arnold with text overlaying it reading “Newsflash” and Governor Terminator”; while the third shows an image of Conan-Arnold with text overlaying it reading “Newsflash” and “Governor Arnold”. On the back of these T-Shirts is politically charged rhetoric calling people to “Vote for Gore – the ‘Tea Party’ Republican”. Newsflash Creative Media did not ask for Schwarzenegger’s consent to using these images, and besides the varying overlaying text, the images have not been changed in any way from their originals. The proceeds from the T-Shirt sales are going to the political campaign “Elect Harley Gore for Senate”, but there is no evidence that the company itself is part of a political