New Hampshire
How Burbank v. O’Hara applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
New Hampshire law follows the precedents set forth in Burbank v. O'Hara, particularly in recognizing public figures' rights to privacy and the limitations on the use of their likeness without consent. The state emphasizes balancing these rights against the freedom of expression, especially in artistic and commercial contexts.
In New Hampshire, individuals have the right to control the commercial use of their likeness, and unauthorized use can lead to claims of misappropriation, particularly under RSA 358-A:2.
The court held that a celebrity’s likeness cannot be used for commercial purposes without consent, reinforcing the principles of right of publicity.
The court ruled that individuals can bring claims for economic harm resulting from unauthorized use of their likeness in advertising.
This decision established that artistic expression may be protected but still requires a careful analysis when a commercial aspect is involved.
New Hampshire's approach to the right of publicity aligns closely with the principles established by federal case law, but it emphasizes state statutes that may impose stricter requirements for consent and damages. Federal law provides a broader standard, often leading to less protection for individuals in cases of artistic expression, whereas New Hampshire's statutes offer more concrete avenues for recourse.
Understanding the implications of Burbank v. O'Hara and subsequent state rulings is crucial for New Hampshire bar exam candidates, especially in the context of privacy and publicity rights.