Florida
How Donnelly v. HarperCollins Publishers applies in Florida: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Florida recognizes the right of publicity, stemming from common law, which protects individuals from unauthorized commercial exploitation of their name or likeness. The principles from Donnelly emphasize securing permission for using individuals' identities, particularly in commercial works.
In Florida, an individual's right of publicity is codified under Section 540.08(1), which protects against unauthorized use of an individual's name, likeness, or other personal attributes for commercial purposes without prior consent.
The court held that the unauthorized use of a celebrity's likeness in an advertisement constituted a violation of their right to publicity.
The court ruled that Samsung's use of a model resembling Vanna White without consent was a violation of her right of publicity, reinforcing the requirement of prior consent.
The court reinforced the protection of personal identity against commercial appropriation, ruling in favor of a Florida artist whose image was used without permission.
Florida's approach to the right of publicity is consistent with the broader federal protections, albeit more robust in certain respects due to state-specific statutes. While federal law does not explicitly outline the right of publicity, various courts have acknowledged it, particularly in cases involving trademark and copyright considerations.
Understanding the right of publicity is crucial for the Florida bar exam, especially in the context of entertainment and sports law, where issues of commercial exploitation frequently arise.