Lady Gaga launched her 2015 concert series on December 5, 2014 at the Staples Center in Los Angeles. During her opening, she came on the stage wearing a long white gown and sang Bad Romance while riding an elephant. The entire concert was filmed on E Television.

On December 9, 2014, apple produced an advertisement for a new Mini Mini Mini Pad wherein a robot entered the stage in a large auditorium riding an elephant and singing Bad Romance. The singing voice in the ad belonged to Miley Cyrus. Neither Apple nor Miley Cyrus received any permission or license from Lady Gaga, Gagas recording company, or E Television.

3. If Lady Gaga sues Apple for violation of Gagas right to publicity,

the best defense for Apple to use would be:

a. Fair Use under the Federal Copyright Law

b. The contents of the ad have not been associated with Gagas publicity rights.

c. Bad Romance sung by Lady Gaga and Miley Cyrus is not substantially similar.

d. The First Amendment

ANSWER: _______

STATE THE RULE OF LAW THAT APPLIES TO THE QUESTION:

Subject: Entertainment Law BUL6628