Title: The protection of a celebrity parody: Paris Hilton v. Hallmark Cards

Authors: Erica Klazmer

Addresses: Benjamin N. Cardozo School of Law, 55 5th Ave., New York, NY 10003, USA

Abstract: This article focuses on the Hilton v. Hallmark decision issued by the 9th Circuit in 2009. Ultimately, the article criticises the |transformative use| standard articulated by the California Supreme Court for evaluating right of publicity claims. Additionally, the article advocates for a more consistent standard which adequately balances celebrity interests with First Amendment free speech rights.

Keywords: right of publicity; transformative use; parodies; fair use; First Amendment; United States Constitution; USA; Bill of Rights; constitutional freedoms; free speech; celebrity parody; Paris Hilton; Hallmark Cards; legal protection; legal decisions; California Supreme Court; consistent standards; birthday cards; greetings cards; celebrity interests; celebrities; private law.

DOI: 10.1504/IJPL.2012.043901

International Journal of Private Law, 2012 Vol.5 No.1, pp.61 - 78

Published online: 20 Sep 2014 *

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