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Larry Bird mural presents interesting scenario for IP analysis

August 21, 2019 No Comments »
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Not that it would happen, but I can imagine providing the scenario in the following link as a law school exam:  Larry Bird mural

https://www.msn.com/en-us/sports/nba/larry-bird-wants-tattoos-removed-from-street-artists-mural-of-him/ar-AAG5jpx?ocid=spartanntp

It does not appear headed towards legal action, but hypothetically, how could this go?  On the copyright front, is it a fair use?  A derivative work?  Does adding tattoos that Bird obviously does not have change the copyright analysis?

On the Right of Publicity front, or perhaps on the privacy front, what issues exist?  Is it a commercial use?  Is it protected by statute?  Are there issues involved here that sway the analysis in one direction or the other?


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