Kirby v. Sega of America, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• comparing appearances of a video game avatar and the plaintiff to determine whether the defendant’s use of the plaintiff’s likeness was transformative
• “[A]ny imitation of Kirby‟s likeness or identity in Ulala is not the sum and substance of that character.”
• “A work is transformative if it adds „new expression.‟ That expression alone is sufficient; it need not convey any „meaning or message.‟”
• “Video games are expressive works entitled to as much First Amendment protection as the most profound literature.”
• transformative use where musician depicted in video game “as a space-age reporter in the 25th century”
• “[A]ny imitation of Kirby’s likeness or identity in Ulala is not the sum and substance of that character.”

Source: CourtListener parenthetical corpus (CC0).