Massachusetts
How Donnelly v. HarperCollins Publishers applies in Massachusetts: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Massachusetts follows the principles of free speech and the right of publicity, balancing the rights of authors with those of individuals against unauthorized uses of their likeness. The state recognizes that while artistic expression is important, individuals have a right to control the commercial use of their identities.
In Massachusetts, the right of publicity protects against unauthorized commercial uses of a person's identity, particularly when it pertains to likeness or persona in advertising, unless the use is encompassed by significant artistic expression.
The court held that the use of a likeness in advertising must be appropriate and not misleading to avoid violating the right of publicity.
The court decided that individual rights to privacy are paramount, particularly against commercial enterprises that may exploit a person’s likeness without consent.
The First Circuit ruled that the right of publicity extends to unauthorized use in advertising and promotional contexts, aligning closely with the principles seen in Donnelly.
Massachusetts law is generally aligned with the federal standard in terms of protecting the right of publicity, but it gives more weight to artistic expression in some contexts. Unlike federal jurisprudence which might prioritize free speech, Massachusetts balances both rights more explicitly, with specific attention to state statutes regarding privacy and publicity.
Understanding the application of the right of publicity in Massachusetts is crucial for the bar exam, particularly regarding questions related to privacy, free speech, and the balance of competing interests in entertainment law.