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by dragonwriter 1157 days ago
A gifted mimic is not a mechanical reproduction. The right of publicity doesn’t protect you from people with similar appearances or voices, it does protect (to a certain extent) against uses of mechanical reproduction of your appearance or voice.

Because it is separate from copyright, US federal statutory fair use considerations don’t apply to this right (I’m not sure to what extent Constitutional fair use might apply to it; statutory fair use in copyright largely recapitulates what were found to be Constitutional limits on the copyright power stemming from the First Amendment, I don’t know if it has ever been considered the extent to which the First Amendment, applied ot the states through the 14th, applies similar restriction on the right of publicity, which is in the US, to the extent it exists, a state-law intellectual property right.)