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3328 REVIEW GRANTED A surrealistic comic book parody of singing cowboy movies in which plaintiffs were depicted as villainous half-worm, half-human creatures from below the surface of the earth was so obviously fictional that it did not assert a fact, was not capable of falsity, and could not result in liability for defamation; the incidental use of celebrity plaintiffs’ likenesses to promote sales of defendants comic books could result in liability for invasion of the right of privacy/publicity by misappropriation if there was a lack of sufficient creative elements to transform it into something more than a mere celebrity likeness.CitationWINTER v DC COMICS (Worm Creatures) 99 CA4 458 [See: CivC 3344; Hustler v Falwell 485 US 46; Pring v Penthouse 695 F2 438; Comedy III v Saderup 25 C4 387, T/AT 6/01]
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