New Hampshire
How Donnelly v. HarperCollins Publishers applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
New Hampshire courts generally recognize and enforce rights related to publicity and privacy, aligning closely with the principles outlined in Donnelly v. HarperCollins Publishers. The state prioritizes an individual's right to control the commercial use of their name and likeness.
In New Hampshire, the right of publicity is recognized and provides that an individual has exclusive rights to the commercial use of their identity, encompassing their name, image, and likeness.
The court upheld the right to privacy, ruling that individuals have the right to control the use of their likeness in commercial contexts without consent.
The court found that unauthorized use of an individual's image for commercial gain constituted a violation of their publicity rights.
The decision reaffirmed that the right of publicity extends post-mortem, providing protections for the heirs of deceased individuals.
New Hampshire's approach to the right of publicity closely mirrors the common law principles articulated in federal cases, emphasizing the protection of individuals from unauthorized commercial exploitation. However, New Hampshire's specificity regarding the exclusivity of rights in post-mortem cases provides an additional layer of protection that may differ from federal interpretations.
Understanding the principles of publicity rights, as demonstrated in Donnelly v. HarperCollins Publishers, is relevant for the New Hampshire bar exam, particularly in the context of Entertainment & Sports Law.