Winter

Plaintiffs, brothers Johnny and Edgar Winter, are well-known performing and recording musicians originally from Texas. They were born with albinism, a genetic condition resulting in lack of pigmentation. Without their consent they were depicted as the "Autumn brothers" in three out of a series of five comic books which loosely parodied the genre of singing Wild West cowboys who were battling with worm-like creatures from below the surface of the earth. The series depicts appellants as villainous half-worm half-human characters.

Respondents are DC Comics, Joe Lansdale, Timothy Truman, Sam Glanzman, Time Warner Entertainment Co., L.P., and Warner Communications, Inc. The comic book miniseries was written by Lansdale, illustrated by Truman and Glanzman, and published by DC Comics, a partnership of the Warner companies.

Contending that they had been defamed and that their likenesses had been misappropriated, among other claims, appellants brought suit against respondents. The trial court summarily adjudicated the various claims and entered judgment in favor of respondents. In an unpublished opinion filed August 25, 2000, we affirmed the judgment. On November 21, 2000,…