Michigan
How Davis v. Electronic Arts, Inc. applies in Michigan: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
In Michigan, the principles surrounding the rights of publicity and appropriation of likeness align with the general common law standards established in Davis v. Electronic Arts, Inc. This includes recognizing an individual's right to control the commercial use of their identity and likeness within state statutory frameworks.
Under Michigan law, the unauthorized use of an individual's likeness for commercial purposes, particularly in video games or similar products, constitutes appropriation of their identity, actionable under the Michigan Personal Privacy Protection Act (MCL 445.1716).
The court held that the use of an individual's image in promotional materials constituted a violation of their publicity rights.
The Michigan Supreme Court affirmed that publicity rights extend to personal likenesses used in advertising without consent.
The court held that the publication of an individual's likeness without permission in a commercial context is subject to damages.
Michigan's approach to publicity rights emphasizes statutory protections that may extend further than common law rights recognized at the federal level. While Davis established significant federal principles regarding appropriation, Michigan law provides explicit remedies for unauthorized usage, which can offer broader protections for individuals.
Understanding the rights of publicity and their application in Michigan law is crucial for the Michigan bar exam, particularly in questions concerning commercial use of individuals' likenesses.