Illinois
How Burbank v. O’Hara applies in Illinois: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Illinois follows a balancing test similar to Burbank v. O’Hara, assessing the right of publicity against the interests of free expression. The state emphasizes the necessity to weigh commercial use against the right of the individual to control the use of their identity.
In Illinois, individuals have a right of publicity that protects against unauthorized commercial use of their name, voice, signature, photograph, or likeness.
The court held that knowingly using an individual's likeness for commercial purposes without consent constitutes a violation of the right of publicity.
The court recognized that the right of publicity extends posthumously, allowing estates to control the commercial use of a deceased individual's identity.
The court ruled that newsworthiness and artistic expression can override an individual's right of publicity in certain circumstances.
Illinois law regarding the right of publicity is more robust compared to the federal approach, which generally lacks a comprehensive federal statute on the matter. While some federal right of publicity protections may exist through copyright or trademark law, Illinois provides explicit protections for personal identity against unauthorized commercial exploitation.
Familiarity with Illinois’s right of publicity is crucial for the bar exam, particularly in topics related to Entertainment & Sports Law, which may include questions about the commercialization of individual likenesses.