Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 9-1998 Fictional Persona Test: Copyright Preemption in Human Audiovisual Characters Peter K. Yu
[email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Peter K. Yu, Fictional Persona Test: Copyright Preemption in Human Audiovisual Characters, 20 Cardozo L. Rev. 355 (1998). Available at: https://scholarship.law.tamu.edu/facscholar/505 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact
[email protected]. FICTIONAL PERSONA TEST: COPYRIGHT PREEMPTION IN HUMAN AUDIOVISUAL CHARACTERS* Norm Peterson... may be the funniest fat man since Oliver Hardy, but it isn't just his fat that's funny. It's his fate. To the delight of Cheers addicts, he makes a dreary, beery profession of depression.... If there's anything Norm hates worse than his job, it's his wife.... Every night he bellies up to the bar, at home beside the foam, and takes notes on what fools these mortals be: "Some people spend their whole life in a bar. One poor shmo came in yesterday, sat right next to me for eleven hours." But hops spring eternal. After eight years of wishful drinking, Norm has at lastfound his dream job: beer taster in a brewery.' INTRODUCTION