Delaware
How Burns v. Associated Press applies in Delaware: state-specific rules, key cases, and bar exam notes for Remedies.
Delaware law recognizes the principles set forth in 'Burns v. Associated Press' concerning remedies for the unauthorized use of a person's name or likeness. The focus is on protecting individual rights against commercial exploitation while balancing First Amendment freedoms.
In Delaware, the right of publicity is recognized under 6 Del. C. § 1201, where an individual's likeness or name cannot be used for commercial purposes without consent, and remedies may include damages or injunctive relief.
The court upheld that the unauthorized use of a person's image in advertising without consent violates Delaware’s right of publicity.
The court ruled that public figures have diminished rights regarding their likeness used in public settings, but consent is still required for advertisement uses.
This case clarified the scope of personal rights in Delaware, emphasizing that economic damages are recoverable for unauthorized commercial exploitation.
Delaware's approach aligns with the federal standard but elevates the need for consent more significantly, particularly in advertising contexts. Federal law, often under First Amendment protections, can provide broader leeway for public interest self-expression as compared with Delaware's stringent rights of publicity.
Understanding the application of the right of publicity in Delaware is crucial for the bar exam, especially regarding remedies and the necessity of consent in the exploitation of one's likeness.