However, it appears Gunn’s claims may not rest on particularly solid legal ground. In an article in Law Society Journal this week, authors Sarah Hook, Marie Hadley and Vicki Huang said it was unlikely Gunn would be “able to enforce intellectual property over her name, her persona, and her dance moves”.
“In Australia, there is no right of publicity, meaning a person’s likeness and name are open for others to use, adapt and parody,” they continue. “Broadbridge can call a character in her musical Raygun.”
Hoppy feet: judges in Paris get to see the now infamous kangaroo pose for the first time.Credit: Getty
However, the authors also point out that even legal threats that are not well-founded may be enough to stop artists like Broadbridge from taking risks.
On Friday, Gunn took to social media to defend closing down the show.
“People assumed that we had developed it, that we had approved it,” she said. “And it damaged many relationships, both personal and professional. That is why my management and legal team had to work so quickly to shut the musical down.
“It was really unfortunate that the show had to be cancelled so close to the launch. I know the artist would have put a lot of work into and that really sucks.”
Gunn also addressed the controversy that arose from her trademarking the Kangaroo pose.
“In terms of the kangaroo dance, I did not trademark it or claim any trademark ownership of the kangaroo dance, and it in no way mimics Aboriginal dance,” she said.
“It was instead inspired by the Australian Olympic mascot, BK, the boxing kangaroo, and I wanted to represent and celebrate that spirit.
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“I know that this misinformation about the kangaroo dance has upset many members of the Indigenous community, and I am sorry for that. I’m really sorry that it hasn’t been corrected sooner. I have the utmost respect for Indigenous Australians.”
Broadbridge also posted to Instagram to express her disappointment.
“They also said I wasn’t allowed to do the dance because she owns the kangaroo dance,” she said. “That one did puzzle me. I mean, that’s the Olympic-level dance, how would I possibly be able to do that without any formal break-dancing training?”
Comment has been sought from Gunn and Skinner.
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