Michigan
How Bishop v. New York City applies in Michigan: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Michigan law recognizes the principles established in Bishop v. New York City, particularly the protective measures for entertainers against unauthorized exploitation of their personas. The state applies a balanced approach, taking into account both the First Amendment rights and the right of publicity.
In Michigan, the right of publicity protects against unauthorized commercial use of an individual's identity, requiring consent or compensation when using a person's name, image, or likeness in a commercial context.
The court held that the decedent's right of publicity extends posthumously, protecting the use of Monroe's likeness without consent.
The Michigan Supreme Court ruled that unauthorized use of a celebrity’s likeness in a film constituted a violation of publicity rights.
The court established that use of a celebrity's likeness in promotional materials without permission was actionable under Michigan's right of publicity law.
Michigan law offers more robust protection regarding the right of publicity compared to the federal framework. While federal law does not explicitly recognize a right of publicity, Michigan's statutory and case law provides clear standards for protecting personal identity in commercial contexts.
The right of publicity is frequently tested on the Michigan bar exam, particularly in the context of entertainment and sports law, focusing on consent and commercial exploitation aspects.