Comic book villains based on musician brothers is protected

SAN FRANCISCO -- A pair of comic book villains modeled on two real-life musician brothers are constitutionally protected, the state Supreme Court ruled Monday.

Johnny and Edgar Autumn, comic book characters based on the real-life musical brothers Johnny and Edgar Winter, appeared in three Jonah Hex comic books published in 1995 by DC Comics. The villains were half-human, half-worm creatures with green tentacles sprouting from their chests.

The Winter brothers, albinos who wear their white-blonde hair long, filed a lawsuit accusing New York-based DC Comics of portraying them as "vile, depraved, stupid, cowardly, subhuman individuals." They claimed the comic book company illegally exploited their images.

"It was something I thought was done without the approval of both artists," said Teddy Slatus, Johnny Winter's manager. "It was picking fun at them for being albinos."

Edgar Winter, who now lives in California, is best known for his 1972 hits "Free Ride" and "Frankenstein." Johnny Winter, who lives in Connecticut, is a renowned blues guitarist.

"Although the fictional characters Johnny and Edgar Autumn are less-than-subtle evocations of Johnny and Edgar Winter, the books do not depict plaintiffs literally," Justice Ming Chin wrote.

A lower court ruled that the Winter brothers could sue the company for violating their publicity rights. Monday's unanimous decision overturns that ruling.

Celebrities have a right to prevent their images from being used commercially without their permission, but works of satire, fiction and entertainment have traditionally been protected.

The ruling extends that protection to comic books.

Lillian Laserson, a DC Comics spokeswoman, said the artist meant the characters as "a tip of the hat to the Winter brothers. He's a big fan."