What should be the decision in the case


Problem 1: Identify the issue of law posed by the case problem. This will be in the form of a question based on a legal concept from the chapter.

Problem 2: What should be the decision in the case? (i.e. the answer to the issue)

Problem 3: The reasoning for such decision.

Bette Midler, a celebrated singer, dancer, actress, and comedienne, sued an automobile company and an advertising agency for airing a commercial that used a "sound-alike" of Midler singing a song from her album entitled, "The Divine Miss M." Midler, when asked by the advertising agency to do so, had expressly refused to sing the song in the commercial and, in fact,(like many film stars) did not want to be involved or associated with any commercial for any product.' The company then hired one of Midler's former backup singers specifically and expressly to mimic Midler's very distinctive voice. As a result, Midler was highly identifiable in the commercial, even though neither her name nor a photograph of her had been used.

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Business Law and Ethics: What should be the decision in the case
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