Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

The California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), on September 25, 2006, that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative.

Appellant Keirin Kirby was a singer, choreographer and designer. Kirby claimed that she created a distinctive persona and public identity resulting from her signature costumes and lyrical expression.

Respondent Sega was the distributor of a Japanese video game called "Space Channel 5", where the female reporter called "Ulala" appeared to look and dress similarly to a character created by Kirby.