Connecticut

Bishop v. New York City in Connecticut Law

How Bishop v. New York City applies in Connecticut: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.

State Approach

Connecticut law often aligns with the principles established in Bishop v. New York City, particularly concerning the right to control the commercial aspects of personal image and likeness in entertainment. The state has recognized the importance of protecting individual rights in the context of publicity and fair use.

State Rule
In Connecticut, individuals maintain the right to control the commercial use of their name, image, and likeness, with remedies available for unauthorized exploitation.
Significant State Cases

Lerman v. D'Genova

The court found that unauthorized commercial use of a person's likeness for endorsement violates state law, echoing the protections highlighted in Bishop.

Hart v. Electronic Arts, Inc.

The court ruled that the portrayal of athletes in video games constitutes commercial use and requires consent, reinforcing principles similar to those in Bishop.

Fleischman v. New Haven

This case underscored the necessity of obtaining permission for using an individual's likeness in promotional content, paralleling the holding in Bishop.

Comparison to Federal Law

Connecticut law mirrors federal standards on the right of publicity but may provide broader protections under state tort law. While federal law focuses primarily on copyright, Connecticut’s statute offers explicit rights for individuals against unauthorized use of their identity.

Bar Exam Note

The principles from Bishop v. New York City are particularly relevant in Connecticut's bar exam, especially in questions involving rights of publicity and the commercial use of individual likenesses.

Practice Pointers
  • Always ensure clear and documented consent when using an individual's likeness for commercial purposes.
  • Stay updated on state-specific statutes regarding rights of publicity, as these can differ significantly from federal interpretations.
  • Review case law to understand how courts have interpreted the commercial use of likeness and address potential defenses in litigation.

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