In a ruling with major implications for those who wish to limit the use of their name and likeness in video games, a California appellate court has upheld the right of three video game companies to create a character with traits much like a real-life singer’s.
The California 2d District Court of Appeal recently found that three video game companies had a First Amendment right to create a character who shared certain traits with Kieren Kirby, or “Lady Miss Kier,” the former lead singer of the 1990s funk band Deee-Lite. Kirby v. Sega of America, No. B183820 (Calif. 2d Ct. App.).
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