Fleet

In this case we are asked to decide a very narrow issue: whether an actor may bring an action for misappropriation of his or her name, image, likeness, or identity under section 3344 of the Civil Code when the only alleged exploitation occurred through the distribution of the actor’s performance in a motion picture. The trial court concluded that to the extent California law would permit such claim, it was preempted by federal copyright law. We agree with the trial court and affirm.

Factual Background

The crucial facts are not disputed. In 1985, Legend Productions (Legend), a partnership comprised of Robert Fleet and his wife, Alina Szpak-Fleet (Szpak), entered into a coproduction agreement with certain Polish film entities to coproduce two motion pictures, one of which is the subject of this lawsuit. Legend, Robert Fleet, and Szpak subsequently transferred all of their right, title, and interest in the coproduction agreement to White Dragon Productions, a California corporation formed to act as the production company for the movie. Robert Fleet and Szpak were the sole shareholders of White Dragon Productions. In July of 1985, Andrejez Krakowski and Lloyd E. Eisenhower…