Oklahoma's Appropriation Statutes:
- How many appropriation-related statutes does Oklahoma have? What are they modeled after?
- Do Oklahoma's statutes protect against the use of a person's name, voice, signature, photograph, or likeness for advertising or trade purposes without consent?
- If so, how has this been applied in Oklahoma?
- What constitutes "readily identifiable" in a photograph?
- Does Oklahoma statutorily recognizes appropriation as a right of privacy and as a right of publicity? If so, what are the differences?
- Do the statutes create a property right that may be assigned or otherwise transferred before or after the person's death?
- What criterion does Oklahoma's statute 12-1448 use to define "deceased personality"? In other words, what determines if a person's right of publicity survives his or her death under statutes 12-1448 and 12-1449?
- Could the heirs of an unknown person whose name or likeness, etc. had no commercial value at the time of death still sue under statute 839.1-.3 for unauthorized use of that person's name or likeness after death?
Under Oklahoma's statutes, how long does the right of publicity survive the person's
death?
- What constitutes a commercial or advertising purpose?
- Can a plaintiff sue merely because the name or likeness, etc. were used in material that is commerically sponsored or contains paid advertising? Why?
- Under Oklahoma's statutes, what activities are exempted from claims of appropriation?
- What damages are allowed under Oklahoma's appropriation statutes?
- Are parody and satire protected in Oklahoma from claims of appropriation? Why?
- Cardtoons v. Major League Baseball Players Association (10th Cir. 1996)
- Why does parody have value?
- What was the court's reasoning regarding the cards as humorous commentary, commercial merchandise and commercial speech?
- What would happen if the players and other celebrities were given the power to control parodies of themselves? Why would that be undesirable?
- Why did the Tenth Circuit disagree with the Ninth Circuit decision in White v. Samsung Electronics of America, Inc.?
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