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Lady Gaga Threatens Legal Action Over Comic Biography

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By Laura Strachan, Esq. on September 08, 2010 7:04 AM

Singer Lady Gaga is not so gaga over a comic biography designed after the eccentric entertainer. Gaga is threatening legal action over a series of graphic biographies designed by Bluewater Productions featuring an animated version of the "Poker Face" singer that was released in June of this year.

Lady Gaga's attorney, Kenneth Feinswog, has served the company with cease and desist letters, and is threatening legal action if the comic biographies are not pulled, according the MSN. Bluewater Productions has already made cartoon depictions of Taylor Swift, Robert Pattinson, and David Beckham. Feinswog likens the comic biographies to a bootleg album or art poster in claiming that there are intellectual property, copyright, and other legal issues surrounding the matter.

Bluewater is not taking the threat very seriously. Company Publisher Darren Davis is citing the Constitution as his defense: "We are 100 percent within our First Amendment rights. We knew our rights on this before we jumped into the biography world. These are 100 percent biographies on their lives. We reach out to all the celebrities and some chose to work with us and others do not." Add Gaga and singer Justin Beiber (also represented by Feinswog) to the "not category."

As the quote indicates no intention to pull the biographies, this is a battle that will likely head to court with First Amendment and celebrity image and privacy pitted against each other. In stating that the comic biographies are 100 percent real, Davis has done his legal research. Although celebrities are able to control their image, especially when their name and picture are for profit, a biography is often classified as a fair use. Essentially, the freedom of speech argument made by Blue Water will only hold up if the speech is truthful and accurate.

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