Maine

Maine Flag

Maine does not recognize a distinct right of publicity. The state does, however, recognize the invasion of privacy and the appropriation tort. 

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 § 652. 

Nelson v. Maine Times, 373 A.2d 1221, 1223 (Me. 1977)

Post-Mortem Right 

UNCLEAR 

No court has considered the question.

Limits on Right 
Does the law require the plaintiff or identity-holder to be a celebrity or have a commercially valuable identity?

No.

Does the law protect persona?

No court has addressed the question to date.

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

No court has addressed this question to date, but given the following of the restatement approach to the appropriation tort, the privacy-based tort is unlikely to be so limited.

First Amendment Analysis 

To date no court has considered a unique test for balancing first amendment and right of publicity interests in the context of Maine’s law.

Page last updated on: July 21, 2015

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