New York
How Bishop v. New York City applies in New York: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
New York recognizes the importance of protecting the rights of individuals in connection with their likenesses. In the context of entertainment and sports law, this is pivotal for athletes and performers seeking to control the commercial use of their identities.
In New York, the right of publicity protects individuals from unauthorized commercial exploitation of their name or likeness, as articulated under New York Civil Rights Law § 50 and § 51.
The Second Circuit held that the First Amendment provides a defense against claims involving the unauthorized use of one's name in artistic works, provided the use is not misleading.
The court ruled that the right of publicity is a property right that can survive death and is transferable, highlighting its significance in commercial ventures.
This case emphasized that individuals have a protectable right in their likenesses when used for commercial gain without consent.
New York's approach to the right of publicity is more robust than many federal standards, which largely rely on copyright law and the First Amendment for protections. Unlike federal law, New York law provides explicit statutory protections against unauthorized use of a person's likeness in commercial contexts.
The right of publicity and related issues appear on the New York bar exam, especially within the context of entertainment and intellectual property law.