What rights are being violated here? What torts being committed? Is the photographer violating trademarks? Performance rights? Rights of publicity? False light?!? Are we violating any of these rights by republishing this photo? I guess we’re gonna find out! At least the BID Patrol can’t pop old Elmo for violating LAMC 41.47.2. At least not this time…We recently had occasion to write about the HPOA’s continent-spanning conspiracy with a bunch of their creepy counterparts in Manhattan to abuse intellectual property law, to violate California Penal Code ยง158, to constructively violate the first amendment, and both stridently and characteristically to act the fool with respect to the burning issue of street characters. You can’t trademark breasts, so what are they going to do about topless street characters when they get to L.A.? One might argue that women can bare their breasts legally in New York but not in California. That’s not the kind of law that’s going to withstand any pressure, though. It just hasn’t been rigorously tested here….yet!
Since last we examined this issue, the NYPD has gone nuclear by asking Disney and Marvel to sue the street characters, something which those companies seem to have proved unwilling to do. Of course, what the city and the local BIDs really don’t like is the naked ladies. Some of the information we were missing then we’ve obtained now. First, you will recall that in a finger-down-throat-fawning set of emails Kerry Morrison advised Tom Cusick, the dude who’s her counterpart at the Fifth Avenue BID, that they hadn’t had much luck with their criminal attempts to incite litigation against street characters. She mentioned to Tom, though, that the HPOA had managed to get Sesame Street to send cease and desist letters to Big Bird and Elmo one time under special circumstances. We now have copies of those letters. Read on for analysis. Continue reading Kerry Morrison and/or Minions Almost Certainly Lied to Sesame Street to Evoke Anti-Big-Bird, Anti-Elmo C&D Letters→
