From Hara v. Netflix, Inc., correctly decided by the California Court of Appeal (Justice Lamar Baker, joined by Justice Brian Hoffstadt and L.A. County Superior Court Judge Sanjay Baker):
In this anti-SLAPP appeal, defendants … are the creators and producers of an animated television series titled Q-Force, which is about a group of Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) spies {who, "despite being the best in their field, are undervalued due to their sexualities and identities"}. {Gabe Liedman (Liedman), a co-creator, showrunner, writer, and executive producer of Q-Force, publicly stated every character in Q-Force was based on someone in real life in order to ground the series in reality.}
Plaintiff and respondent Lance Hara, a performer using the name Vicky Vox (plaintiff or Vox), filed a complaint alleging she is a "well-known" drag queen in Hollywood and complaining defendants wrongfully used her likeness in Q-Force without her consent…. Vox has a web series, The Vicky Vox Project, that depicts a cartoon-like illustration of Vox….
Defendants allegedly used Vox's likeness in one scene of one of the ten 30-minute episodes of Q-Force. Specifically, the scene takes place during episode 5 of the series, which is titled "WeHo Confidential." It begins with four other characters, including one named Steve, chatting at a table in what appears to be a bar in West Hollywood. During the conversation, Steve says it is time for him to plug back into his community. Shortly thereafter, he calls out to another character, Twink, who is sitting at a different table. As the perspective shifts to show Twink, the side profile of the background character allegedly resembling Vox is visible for approximately one second. The entirety of the character's seated form is then visible for approximately the next ten seconds, along with the seated forms of Twink and three other drag queens. {As Vox's complaint describes it, the background character at issue allegedly shares the following similarities with a photograph taken of Vox inside a bar in West Hollywood: "voluminous red-orange hair styled with a center part, defined, close together eyebrows, cat-eye make-up, face shape, nose structure, full jawline, high cheek bones, full bodied figured, her outfit's color is the same shade and tone of teal, and she is depicted inside a bar in West Hollywood."}
