Roscoe Ruins is a graphic artist who makes a modest living designing Tshirts and selling them to vendors all over Los Angeles. One of his designs includes two marionettes, wooden sticklike figures, with the faces of \"The Tonight Show\" host Jimmy Fallon and \"The Late Show\" host Stephen Colbert. The strings on the marionettes are being held by two abstract figures labeled NBC and CBS. The lettering on the Tshirt says, \"We don't always know what we're doing, but when they pull the strings we dance!\" While the message on the Tshirt didn't seem to make much sense, in the celebrity dominated environs of Los Angeles, the Tshirts sold well. Colbert apparently laughed the satire off; Fallon, however, sued for infringement of his right of publicity. \"Using his image without permission for a commercial purpose was an illegal appropriation,\" his attorney argued. Ruins's attorney disagreed and argued that the use of such image was permitted under the law. How would a court rule over the case