Taylor Hicks, of American Idol fame, recorded a single called “Do I make you Pro


Taylor Hicks, of American Idol fame, recorded a single called “Do I make you Proud?” Please listen to the single. The single can be listened to with a slide show here:

Weird Al Yankovic, in coordination with JibJab, wrote and sang a parody of that song called “Do I Creep you out?” JibJab posts the song along with a music video on its site. The parody can be seen here:

On the page on which the parody is posted, JibJab writes “Weird Al Yankovic stars as American Idol’s Taylor Hicks in this hilarious parody.”
Assume, for the sake of this assignment, that Taylor Hicks was not consulted about this Weird Al/ JibJab production and did not consent to it.
Also, assume that Hicks sues Yankovic and JibJab for:
1) Invasion of Privacy for Misappropriation of name for commercial purposes; and
2) Copyright Infringement
Please analyze whether either or both of these causes of action would succeed. Include, in your analysis, what defenses the defendants should raise and your assessment of whether they would work.
You may use any federal, statutory and/or case law for this assignment. Please note that there are Supreme Court cases that dealt with issues related to this assignment. Of course, Supreme Court cases, where applicable, should be cited and discussed first and foremost.


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