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WINTER v. DC COMICS

No. S108751.

134 Cal.Rptr.2d 634 (2003)

30 Cal.4th 881

69 P.3d 473

Edgar WINTER et al., Plaintiffs and Appellants, v. DC COMICS et al., Defendants and Respondents.

Supreme Court of California.

June 2, 2003.

Attorney(s) appearing for the Case

Gipson, Hoffman & Pancione, Julia L. Ross, Berkeley, Corey J. Spivey; Greenberg Traurig and Vincent H. Chieffo, Santa Monica, for Plaintiffs and Appellants.

Victoria T. Vaught and Steven Springer, Morgan Hill, for National Organization for Albinism and Hypopigmentation as Amicus Curiae on behalf of Plaintiffs and Appellants.

Weissmann, Wolff, Bergman, Coleman & Silverman, Weissmann, Wolff, Bergman, Coleman, Silverman & Holmes, Weissmann, Wolff, Bergman, Coleman, Grodin & Evall, Michael Bergman, Anjani Mandavia, Beverly Hills, and Julie B. Waldman for Defendants and Respondents.

Eugene Volokh; David S. Welkowitz and Tyler T. Ochoa, Costa Mesa, as Amici Curiae on behalf of Defendants and Respondents.

Loeb & Loeb, Douglas E. Mirell and Joseph Geisman, Century City, for the Motion Picture Association of America, Inc., Association of American Publishers, Inc., Authors Guild, Inc., Publishers Marketing Association, Comic Book Legal Defense Fund, Dramatists Guild of America, Inc., PEN American Center, American Booksellers Foundation for Free Expression and Freedom to Read Foundation as Amici Curiae on behalf of Defendants and Respondents.

CHIN, J.

Celebrities have a statutory right of publicity by which they can prohibit others from using their likeness. (Civ.Code, § 3344.) An obvious tension exists between this right of publicity and the First Amendment to the United States Constitution. (Comedy III Productions, Inc. v. Gary Saderup, Inc. (2001) 25 Cal.4th 387, 396, 106 Cal.Rptr.2d 126,

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