Wisconsin
How Brower v. Ackerley applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Torts.
Wisconsin courts recognize the principles established in Brower v. Ackerley regarding the commercial appropriation of an individual's likeness. The state emphasizes a balanced approach between personal privacy rights and freedom of expression, particularly in advertising contexts.
In Wisconsin, the rule against the unauthorized commercial use of an individual's likeness is governed by Wis. Stat. § 995.50, which protects against commercial appropriation of name or likeness without consent.
The court held that the unauthorized use of a person's image in an advertising campaign constituted a violation of their right of publicity under Wisconsin law.
The court affirmed that individuals maintain rights over their own likeness even when it is used in a manner not directly commercial but involving potential commercial gain.
This case expanded on the right of publicity, emphasizing that consent is crucial for any commercial use of an individual’s image.
While federal law does not explicitly recognize a right of publicity, Wisconsin has specific statutes that protect individuals' likenesses. In contrast to federal standards, Wisconsin's approach is more clearly defined and provides individuals with a stronger basis for claims of unauthorized commercial use of their likeness.
Understanding the principles from Brower v. Ackerley is crucial for the Wisconsin bar exam, particularly in torts, as it touches upon the right of publicity and privacy rights.