“Virtual Cloning” Shannon Flynn Smith
3 3 9 v irtual Cloning: tr anSfor M ation or iMitation? Reforming the Saderup Court’s transformative Use test for Rights of Publicity S H a nnon f ly n n S m i t H * Introduction upac Shakur, dead nearly sixteen years, rose up slowly from beneath T the stage at the 2012 Coachella Valley Music & Arts Festival in Indio, California to rouse the crowd and perform his songs 2 of Amerikaz Most Wanted and Hail Mary alongside rap artists Snoop Dogg and Dr. Dre.1 Ce- line Dion and Elvis Presley belted If I Can Dream together in a duet on the hit performance show American Idol in 2007,2 thirty years after Presley’s This paper was awarded third place in the California Supreme Court Historical Society’s 2014 CSCHS Selma Moidel Smith Law Student Writing Competition in California Legal History. * J.D., 2014, Michigan State University College of Law; B.A. (Journalism), 2011, Uni- versity of Wyoming. She is now a member of the Colorado State Bar. The author would like to thank Adam Candeub for his thoughtful assistance in developing this article. 1 Claire Suddath, How Tupac Became a Hologram (Is Elvis Next?), Businessweek (Apr. 16, 2012), http://www.businessweek.com/articles/2012-04-16/how-tupac-became-a- hologram-plus-is-elvis-next; Tupac Hologram Snoop Dogg and Dr. Dre Perform Coachella Live 2012, YouTube (Apr. 17, 2012), http://www.youtube.com/watch?v=TGbrFmPBV0Y [hereinafter Tupac Live Hologram]. 2 American Idol Elvis & Celine Dion “If I Can Dream,” YouTube (Jan. 8, 2010), http://www.youtube.com/watch?v=p1HtPG6eMIo.
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