Illinois
How Donnelly v. HarperCollins Publishers applies in Illinois: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Illinois courts recognize the right of publicity, which protects individuals from unauthorized commercial use of their identity. This right is governed by state statutes and common law, providing a framework for addressing claims similar to those in Donnelly v. HarperCollins Publishers.
Under Illinois law, the right of publicity statute (765 ILCS 1075) prohibits the unauthorized use of an individual's name, likeness, or identity for commercial purposes without their consent.
The court upheld the plaintiff's right of publicity claim, emphasizing that even artistic representations need to respect individual rights unless transformed significantly.
The court ruled in favor of Midler, finding that her voice's unauthorized commercial use violated her right of publicity in a manner akin to Donnelly's claims.
The court held that unauthorized commercial use of a celebrity's likeness in marketing constituted a direct infringement on the right of publicity.
Illinois's approach to the right of publicity focuses on state statutory protections rather than federal copyright law, which does not grant similar individual identity protections. Notably, while federal law emphasizes expression and free speech, Illinois balances those rights against an individual's right to control their identity.
Right of publicity claims are relevant in Illinois bar exam questions, particularly in sections addressing intellectual property and entertainment law.