Indiana
How Donnelly v. HarperCollins Publishers applies in Indiana: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Indiana law upholds certain rights of publicity that align closely with the principles established in Donnelly v. HarperCollins Publishers, primarily focusing on the economic value attached to a person's likeness and the infringement of such rights.
In Indiana, individuals have the right to control the commercial use of their names and likenesses, which is recognized under the Indiana Code, particularly aiming to protect against unauthorized use for commercial gain.
The Indiana Court held that the right of publicity could be asserted against unauthorized commercial use of a person's likeness and recognized this right as distinct and enforceable.
The Indiana Supreme Court found that using an individual's likeness without permission constitutes an infringement that requires monetary compensation.
The court determined that promotional use of a person's image in literature without consent constituted a violation of that person's publicity rights.
Unlike the more varied approaches observed at the federal level regarding publicity rights, Indiana has a clear statute that emphasizes the protection of an individual’s commercial identity. Federal law offers some protections under copyright and trademark statutes, but individuals may have fewer rights under common law compared to Indiana's statutory framework.
Understanding publicity rights and their enforcement in Indiana is crucial for the state bar exam, especially in the context of entertainment and sports law.