New Jersey
How Donnelly v. HarperCollins Publishers applies in New Jersey: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
New Jersey follows a robust right of publicity doctrine that protects the commercial use of an individual's name or likeness. This approach focuses on preventing unauthorized appropriations that could mislead consumers about endorsements.
In New Jersey, for a successful right of publicity claim, one must demonstrate the unauthorized commercial appropriation of an individual's name or likeness that causes harm or potential harm to the individual’s commercial interests.
The court held that a college's unauthorized use of a former athlete's name and likeness for promotional materials constituted a violation of his right of publicity.
The court ruled that the unauthorized commercial use of a deceased celebrity's likeness for marketing purposes might give rise to a post-mortem right of publicity claim.
The court found that the use of a person's image in a television program without consent implicated the right of publicity, emphasizing commercial exploitation.
New Jersey's approach aligns closely with the federal standard established in cases like Motschenbacher v. R.J. Reynolds Tobacco Co., which protects against unauthorized appropriation in a commercial context. However, New Jersey provides a more protective framework through its state statutes, making it more favorable for individuals pursuing these claims.
Understanding New Jersey's right of publicity is crucial for the bar exam, particularly in questions dealing with the unauthorized use of a person’s likeness in commercial contexts.