Wyoming

Wyoming is one of the few states that have not explicitly recognized a right to privacy or a right of publicity.  There are suggestions in state courts that a right to privacy may exist, but no case has so held. A bill that would add a right to privacy to the state constitution recently failed to pass in the state’s Senate

Statute 

NO.

Common Law - Right of Publicity 

NO.

Common Law - Right of Privacy-Appropriation Tort 

UNCLEAR.

No court to date has considered the question, but several cases have suggested in dicta that there is a right to privacy in the state.

Town of Green River v. Bunger, 50 Wyo. 52 (1936)

Post-Mortem Right 

NO.

No court to date has considered the question.

First Amendment Analysis 

Wyoming sits in the Tenth Circuit which has applied a balancing test to evaluate First Amendment defenses in the context of right of publicity claims.

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

Other Commentary 

The state’s Public Record Act indicates that custodians of records should not release information that “would constitute a clearly unwarranted invasion of personal privacy.”  The act also provides immunity for service providers found to have infringed or invaded the “right of privacy.”

Wy. Stat. § 16-4-203

Wy. Stat. § 16-9-108

Page last updated on: August 31, 2015

The Book

Privacy Reimagined For A Public World

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

Now Available

Available at Amazon Buy Now At Barnes & Noble

Also available at Target and Walmart