Georgia
How Donnelly v. HarperCollins Publishers applies in Georgia: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Georgia law recognizes the right of publicity, similar to federal principles, focusing on an individual's control over the commercial use of their identity. While Georgia does not have a specific statute addressing the right of publicity, case law upholds the protection of personal likenesses in commercial contexts.
In Georgia, courts apply a common law right of publicity, emphasizing the necessity of consent for the commercial use of an individual's name or likeness.
The court ruled that unauthorized use of an individual's likeness in an advertisement constituted a violation of the right of publicity, upholding the necessity of consent.
This case reaffirmed the protection under the right of publicity even in the digital context, recognizing the evolving nature of identity in media.
The court held that a grocery store's advertisement featuring a well-known athlete required consent, underscoring protections against exploitation of celebrity images.
Federal protections are more tightly aligned with First Amendment considerations and may allow broader uses of likenesses in newsworthy contexts. Georgia’s application focuses significantly on individual rights of publicity, thereby granting more stringent protections against unauthorized commercial exploitation.
Questions on the right of publicity can appear in the Georgia bar exam, particularly in the context of entertainment law and trademark considerations.