Kansas

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Kansas has not recognized a right of publicity either by statute or at common law.  The state does, however, recognize a privacy-based tort of misappropriation. 

Statute 

NO

Common Law - Right of Publicity 

NO

Common Law - Right of Privacy-Appropriation Tort 

YES

The state recognizes both a right to privacy and the appropriation branch of that tort as articulated by the Restatement (Second) of Torts. 

Kunz v. Allen, 102 Kan. 883 (1918) 

Limits on Right 
Is Liability Limited to Uses on Commercial Advertising or Commercial Speech?

NO.

One court, however, has held that the privacy-based appropriation tort is limited to commercial uses of a plaintiff’s identity.

Haskell v. Stauffer Commc’ns, Inc., 26 Kan. App. 2d 541 (1999)

First Amendment Analysis 

Kansas sits in the Tenth Circuit Court of Appeals and in Cardtoons, L.C. v. Major League Baseball Players Ass’n, the Tenth Circuit applied a balancing test and held that the First Amendment  protected the use of player’s names and likenesses on parody trading cards against a right of publicity claim under Oklahoma law.

Cardtoons, L.C. v. Major League Baseball Players Ass’n, 95 F.3d 959 (10th Cir. 1996).

 

Page last updated on: June 08, 2016

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