Wyoming

Donnelly v. HarperCollins Publishers in Wyoming Law

How Donnelly v. HarperCollins Publishers applies in Wyoming: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.

State Approach

Wyoming law generally emphasizes the protection of personal rights in cases of privacy and publicity. The principles established in Donnelly v. HarperCollins, which involve the right to control commercial exploitation of one's likeness, align with Wyoming's commitment to safeguarding individual rights against unauthorized use.

State Rule
In Wyoming, individuals maintain the right to control the commercial use of their likeness or identity under the right of publicity, particularly when such use is for profit or without consent.
Significant State Cases

Cox v. Eyman

Held that the right of publicity can be enforced in cases involving unauthorized commercial use of a person's likeness.

Miller v. Central Wyoming Fair Board

Established that the right to control one's own likeness is protected against both private and public entities.

In re Estate of McEwen

Reiterated the importance of consent in using an individual's identity for commercial benefit.

Comparison to Federal Law

Wyoming law is generally consistent with federal standards on the right of publicity as seen in Donnelly v. HarperCollins, underscoring individual rights. However, Wyoming statutes may provide for a more nuanced application of personal rights compared to broader federal interpretations, which can vary by jurisdiction.

Bar Exam Note

Questions regarding the right of publicity and personal rights are relevant for the Wyoming bar exam, emphasizing the importance of consent and commercial exploitation.

Practice Pointers
  • Always confirm whether consent was obtained when using a person's likeness for commercial purposes.
  • Be aware of state-specific nuances regarding privacy and publicity rights when drafting contracts.
  • Assess potential defenses against right of publicity claims, such as fair use and expressive speech exemptions.

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