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17 Ent. & Sports Law. 1 (1999-2000)

handle is hein.journals/entspl17 and id is 1 raw text is: PUBLICATION OF THE ABA FORUM ON THE ENTERTAINMENT AND SPORTS INDUSTRIES VOLUME 17, NUMBER 1 - SPRING 1999 Mortal Kombat:1 The Impact of Digital Technology on the Rights of Studios and Actors to Images and Derivative Works GERALD 0. SWEENEY, JR., AND JOHN . WILLIAMS ( he current revolution in computer technol- impact on the rights of performers, or their estates, ogy has created a legal battlefield for super- to protect and profit from their likenesses and T human warriors combating brief-wielding celebrity status as well as on the rights of copyright attorneys over profits from digital interactive video holders who use digital technology to create new games. A recent court opinion holds that the copy- products from existing works. The significance of right holder of a digitally created derivative work, this finding should not be lost on the motion picture based on a digitized version of a recorded perfor- industry, as the underlying medium used to create mance in which the actor consented to appear, has the subsequently produced video games was record- rights superior to those of the actor in the ed performances analogous to motion pictures. original work.2 Thiss )/ opinion has a major (continued on page 17)

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