California
How Donnelly v. HarperCollins Publishers applies in California: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
California's approach generally aligns with the principles established in Donnelly v. HarperCollins Publishers regarding the protected rights of individuals in the context of literary works. The state recognizes the importance of balancing free speech and the right to publicity.
In California, a person’s right of publicity is governed by Civil Code § 3344, which provides that individuals have the exclusive right to control the commercial use of their name, image, or likeness.
The court held that the unauthorized use of a celebrity's likeness in a promotion constituted a violation of the right of publicity.
The court ruled that Samsung's use of a robot resembling Betty White infringed on her right of publicity, emphasizing the need for clear permission before using identifiable likenesses.
Held that the unauthorized use of a celebrity’s image in a commercial was an infringement of the right to publicity under California law.
The court reaffirmed a celebrity's control over their likeness, ruling in favor of the plaintiff whose image was used without consent.
California law provides broader protections under the right of publicity compared to federal standards which rely more heavily on First Amendment defenses. This reflects California's emphasis on personal rights in entertainment law, contrasting with a more transactional approach seen at the federal level.
The principles established in Donnelly v. HarperCollins Publishers highlight important themes in the California Bar Exam, particularly in the context of rights of publicity and privacy.