North Carolina
How Burns v. Associated Press applies in North Carolina: state-specific rules, key cases, and bar exam notes for Remedies.
In North Carolina, the principles established in Burns v. Associated Press concerning the unauthorized use of someone's likeness or image apply to the state's right of publicity laws. Courts in North Carolina emphasize the protection of individuals' rights against the commercial exploitation of their identity without consent.
North Carolina recognizes a right to privacy that includes a tort for appropriation of portrait or name, which specifies that unauthorized use of an individual's identity for commercial gain is actionable.
The court ruled that the use of a model's image in advertising without consent constituted an appropriation of identity.
The court found that a plaintiff could recover damages for unauthorized use of her likeness in a promotional advertisement.
The ruling reinforced the protection against unauthorized commercial use of a person's likeness established by North Carolina case law.
While federal law primarily relies on intellectual property principles such as copyright and trademark rights for similar issues, North Carolina's approach focuses specifically on the tort of appropriation. The state emphasizes protecting an individual's right of publicity through specific statutes and case law, which can offer more expansive rights than federal standards.
Understanding the tort of appropriation and the right of publicity is important for the North Carolina bar exam, particularly in essays discussing personal injury and privacy rights.