Missouri
How Donnelly v. HarperCollins Publishers applies in Missouri: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Missouri follows a similar framework to the federal standard regarding copyright and publicity rights, affirming the protection of creative works while balancing free speech interests. However, Missouri courts place particular emphasis on the intention and context surrounding the use of an individual's likeness.
In Missouri, the right of publicity is protected under common law and statutory law. Under Mo. Rev. Stat. § 432.400, the unauthorized commercial use of an individual's name, voice, signature, photograph, or likeness is actionable.
The court held that the right of publicity extends to commercial uses that mislead consumers regarding the endorsement of a product.
The court ruled that newsworthy content may be exempt from publicity rights if it serves a public interest.
This case emphasized the importance of consent when using an individual's likeness in a commercial context, reinforcing the parameters of the right of publicity.
Missouri's approach to the right of publicity aligns closely with the federal framework regarding copyright, but it offers broader recognition of the state's interests in minimizing unauthorized commercial exploitation of personal identities. Unlike some federal approaches, Missouri's statutes explicitly define the right of publicity, granting it distinct legal recognition beyond mere common law principles.
Understanding the nuances of publicity rights in Missouri may appear on the bar exam, particularly regarding cases that touch on intellectual property and unauthorized uses of personal likenesses.