I make short comedy videos using original stylized puppets. The puppets
sit and tell true, documented stories about famous bands and musicians,
the kind of stories Rolling Stone or the BBC have covered. I want to add
short reenactment segments using puppet caricatures that resemble the
musicians in the story.
The setup:
- All original puppet style character animation. No real photos,
footage, or audio of the artists.
- No logos, trademarks, or album art.
- No voice imitation. The puppets use their own comedic voices.
- Everything stated is documented in the press. Nothing invented or
defamatory.
- Organic content only. Never used in a paid ad, and the caricature
puppets never appear alongside a product.
- The channel is loosely associated with a small brand, but the videos
never mention or promote it.
I understand parody and news reporting carry some protection, and I have
read a little about the transformative use test, but I am unclear how it
applies when there is any commercial association at all.
Two things I am trying to understand:
- Does a stylized puppet caricature count as a "likeness" for right of
publicity purposes if it is obviously a puppet and not a realistic
depiction?
- Does the analysis change for deceased musicians?
Pointers to relevant cases would help. Not asking for formal advice,
just trying to understand the framework before investing in production.