Minnesota
How Burns v. Associated Press applies in Minnesota: state-specific rules, key cases, and bar exam notes for Remedies.
Minnesota law follows the general principles established in Burns v. Associated Press regarding improper appropriation of likeness and its impact on personal and economic interests. Remedies for such violations in Minnesota often include both compensatory damages and potential punitive damages to deter unjust enrichment.
Under Minnesota law, the appropriation of a person's likeness without consent constitutes a violation of the right of publicity, actionable under both statute and common law.
The court held that unauthorized use of an individual's likeness for commercial purposes constitutes an actionable claim under Minnesota's right of publicity law.
The court found that a public figure may have a stronger claim for intrusion upon seclusion if their likeness was used without consent in a commercial context.
This case underscores the necessity of consent in the use of images for promotional purposes, reaffirming the principles of Baker v. C.P.R., Inc.
Minnesota tends to provide broader protections for individuals concerning unauthorized use of likeness compared to general federal standards, which can focus more on First Amendment challenges. The state law emphasizes personal rights while federal law may often prioritize commercial speech protections.
Knowledge of the principles established in Burns v. Associated Press is crucial for understanding remedies related to appropriation cases on the Minnesota bar exam, especially under topics of publicity rights.