Fleet v. CBS, Inc.
undisclosed (1996)
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Rule of Law:
The federal Copyright Act preempts a state law right of publicity claim when the claim is based on the reproduction or distribution of an actor's performance that is fixed in a tangible medium of expression, such as a motion picture.
Facts:
- In 1985, White Dragon Productions entered into an agreement giving CBS, Inc. the exclusive worldwide rights to distribute a motion picture, then known as 'White Dragon'.
- Stephan Fleet and Archie Lee Simpson were hired and performed as actors in the film.
- A dispute arose with the film's completion guarantor, and as a result, Fleet and Simpson were not paid their full salaries for their performances.
- In March of 1990, Fleet and Simpson informed CBS that because they had not been compensated, CBS was not authorized to use their names, likenesses, or performances.
- Subsequently, CBS released the film on videotape under the title 'Legend of the White Horse', which included a picture of Stephan Fleet on the packaging.
Procedural Posture:
- Stephan Fleet and Archie Lee Simpson (appellants) filed a complaint against CBS, Inc. (respondent) in a California trial court.
- The complaint alleged, among other things, a violation of California's right of publicity statute, Civil Code § 3344.
- CBS moved for summary judgment, arguing the state law claims were preempted by the federal Copyright Act.
- The trial court granted summary adjudication in favor of CBS on the § 3344 claim, agreeing that it was preempted by federal law.
- Fleet and Simpson appealed the trial court's order to the California Court of Appeal.
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Issue:
Does the federal Copyright Act preempt a state law misappropriation claim under California Civil Code § 3344 when the claim is based solely on the unauthorized use of an actor's performance as captured in a motion picture?
Opinions:
Majority - Baron, J.
Yes. The federal Copyright Act preempts a state law right of publicity claim when that claim seeks to control the reproduction and distribution of a performance fixed within a copyrighted motion picture. The court applied the two-part preemption test from 17 U.S.C. § 301. First, the actors' performances fell within the 'subject matter of copyright' because they were dramatic works 'fixed in a tangible medium of expression' (the film). Second, the right asserted under the state statute was 'equivalent to' the exclusive rights granted by federal copyright law, specifically the rights to reproduce and distribute the copyrighted work. The actors were not merely complaining about the use of their likeness in a photograph, but about the distribution of their entire copyrightable dramatic performance as captured in the film. Therefore, their claim was not a separate personal right but was fundamentally a claim over the exploitation of a copyrighted work, which is governed exclusively by federal law.
Analysis:
This decision clarifies a critical boundary between state right of publicity law and federal copyright law. It establishes that an artist cannot use a state right of publicity claim as an end-run around copyright law to control the distribution of a copyrightable performance fixed in a tangible medium. The ruling forces actors and other performers to protect their economic interests in their performances through contract and copyright law itself, rather than through subsequent state tort claims. This strengthens the preemptive power of the Copyright Act and provides certainty for distributors of creative works like films, who can rely on owning the copyright without fear of separate state law claims from every performer involved.
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