Earlier quoted context omitted.
But that’s in a commercial setting, this is during a musical performance. The audience was not tricked into showing up to an Eminem performance and were not tricked into thinking that Eminem was on stage at any point. This is protected speech.
> This is protected speech According to a quick google search, even cover bands performing live are required to pay royalties to the original artists whose songs they're performing. Maybe there's some loophole when using an artist's likeness while changing the actual music and lyrics, I don't know. But "protected speech" isn't meant to be a way to make money off of other people's work. Curious what part of "Midler v.…
Do I need to ask permission to impersonate Eminem during a comedy performance? How about during a musical performance?
The answer is no. This is fair use 101.
If you cover a song of his while doing an impersonation then this is covered by the performance fees the venue you’re playing at pays every year to ASCAP and BMI.