United States Ninth Circuit

Altered photo of famous actor used to promote fashion article entitled to First Amendment protection, as non-commercial speech, from right of publicity and copyright infringement claims where altered status of photo is made clear, and the photo has journalistic as well as commercial purposes.

Appellate Information

• Argued 10/10/2000
• Decided 07/06/2001
• Published 07/06/2001

Judges

• BOOCHEVER, Circuit Judge:, Before:  BOOCHEVER, TASHIMA, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark S. Lee, Manatt, Phelps & Phillips, Los Angeles, California, for amicus curiae Elvis Presley Enterprises, Inc., Floyd Abrams and Landis C. Best, Cahill Gordon & Reindel, New York, New York, for amici curiae of Various Magazine and Newspaper Publishers, Broadcasters, Television Syndicators, and Media Associations.


• For Appellees:
  
• Steven M. Perry,Munger, Tolles & Olson, Los Angeles, California, for the defendant-appellant., Charles N. Shephard, Greenberg Glusker Fields Claman & Machtinger, Los Angeles, California, for the plaintiff-appellee.