Tennessee
How Donnelly v. HarperCollins Publishers applies in Tennessee: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
In Tennessee, the approach to the legal principles from Donnelly v. HarperCollins Publishers emphasizes the protection of personality rights and the right of publicity as integral to the state's entertainment and sports law framework. Tennessee courts recognize the importance of authorial integrity and consumer rights in publishing agreements.
In Tennessee, the right of publicity is codified in Tenn. Code Ann. § 47-25-1101, affirming an individual's right to control and profit from the commercial use of their name, image, or likeness during their lifetime.
The court upheld the right of publicity, ruling that license agreements must allow proper attribution and usage of a celebrity's likeness.
The court recognized that using a likeness in video games constitutes a commercial use, thus liable under Tennessee's right of publicity laws.
The Tennessee Court of Appeals ruled that a non-profit organization could not use a former athlete's name without permission, reinforcing publicity rights.
While federal law does not explicitly address the right of publicity, federal courts often apply common law principles that are consistent with Tennessee's approach. Tennessee's statute provides a clearer scope and enforcement mechanism that can surpass federal interpretations, particularly in cases involving authorship and likeness rights.
Understanding the right of publicity is essential for the Tennessee bar exam, particularly in questions involving intellectual property and privacy law. Knowledge of notable cases and statutory provisions will be beneficial.