Still looking for info that that the failure to consistently pursue 'right to publicity" cases = waiver of those rights. I did find sections on 'consent' - that is if you consent to publication in one context, you were not barred from pursuing your claims in other context. (See here - this is a very dense legal summaries) http://adultwebmasterlaw.blogspot.com/2005/10/right-of-publicity-and-privacy-outline.html
The summary also goes on to say that - right to publicity = a commercial right. Parodies/satires are not commercial speech and are protected by the First Amendment. Of course each state has their own take on publicity rights so YMMV.
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branchandroot
Re: right of publicity
Date: 2008-07-31 10:45 pm (UTC)The summary also goes on to say that - right to publicity = a commercial right. Parodies/satires are not commercial speech and are protected by the First Amendment. Of course each state has their own take on publicity rights so YMMV.