Michigan recognizes both a right of publicity and the tort of invasion of privacy by appropriation. The Sixth Circuit Court of Appeals has held that the right of publicity is descendible under Michigan law.
The state recognizes both a right to privacy and the appropriation branch of that tort. The state Supreme Court, however, has held that public figures who have sought the limelight cannot make a claim under a right to privacy rubric.
Pallas v. Crowley-Milner & Co., 54 N.W.2d 595 (Mich. 1952)
Beaumont v. Brown, 257 N.W.2d 522 (Mich. 1977)
- Michigan courts have treated the right to one’s name or likeness as a “property right.”
Battaglieri v. Mackinac Center for Public Policy, 680 N.W.2d 915 (Mich. Ct. App. 2004)
- Federal courts have held some right of publicity claims under Michigan law preempted by federal copyright law.
Armstrong v. Eagle Rock Entertainment, Inc., 655 F.Supp.2d 779 (E.D. Mich. 2009)