Wisconsin
How Donnelly v. HarperCollins Publishers applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Wisconsin law recognizes the right to publicity, protecting individuals from unauthorized commercial use of their identities. In applying principles from Donnelly, Wisconsin courts emphasize the balance between First Amendment rights and an individual's right to control the commercial use of their persona.
Under Wisconsin Statute § 995.50, individuals have the right to control the commercial use of their name, likeness, and representation without consent, which aligns with the principles established in Donnelly.
The court held that use of a celebrity's likeness for commercial purposes without consent constitutes an actionable violation of their publicity rights.
The court ruled against the unauthorized use of a deceased individual's likeness for promotional purposes, reinforcing state protection over personal identity rights.
The decision reaffirmed that use of an athlete's image in a digital advertisement required explicit consent, upholding the doctrine of publicity rights in commercial contexts.
While federal law, particularly the First Amendment, provides certain protections for expressive uses, Wisconsin’s approach is more robust in protecting individual publicity rights. The state’s emphasis on the importance of consent for commercial exploitation distinguishes its application from broader federal standards.
Understanding the implications of publicity rights in light of Donnelly is crucial for the Wisconsin bar exam, especially for areas involving contracts and tort law.