Bullard v. MRA Holding, LLC
292 Ga. 748
| Ga. | 2013Background
- Georgia federal court applies Georgia conflict-of-laws rules to Bullard’s claim.
- Bullard, a Georgia resident, was videotaped in Florida without consent; video used nationwide by MRA.
- Bullard’s image appeared on the video cover with a misleading inscription implying endorsement.
- Video ads aired nationally, including in Georgia; Bullard alleged humiliations and reputational harm.
- Georgia law governs the tort of appropriation of likeness under the facts presented; the claim is viable despite Florida activities.
- Bullard seeks damages measured by the value of the use of her image rather than general damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Georgia law govern Bullard’s appropriation claim? | Bullard’s injury occurred in Georgia; dissemination occurred nationwide including Georgia. | (not explicit in excerpt; summarize as) Georgia law may not govern due to multi-state conduct. | Yes, Georgia law governs. |
| Does the facts state a Georgia appropriation claim? | Bullard’s image used for MRA’s commercial gain without consent. | (not explicit in excerpt; summarize as) Consent to videotaping does not equal consent to use on packaging. | Yes, elements of appropriation claim stated. |
| What damages are recoverable for appropriation of likeness? | Damages measured by value of the use of the appropriated publicity. | (not explicit in excerpt; summarize as) General damages unavailable for appropriation claims. | Damages measured by value of use of publicity (no general damages). |
| Does Bullard’s consent to videotaping extend to distribution and packaging? | Consent to videotaping does not imply consent to cover endorsement. | No. | |
| If Bullard was a minor, does that affect validity of consent? | Not reached; consent issue not necessary to decide. |
Key Cases Cited
- Martin Luther King, Jr., Ctr. for Social Change, Inc. v. American Heritage Prods., Inc., 250 Ga. 135 (Ga. 1982) (privacy-rights analog; endorsement and value of publicity)
- Pavesich v. New England Life Ins. Co., 122 Ga. 190 (Ga. 1905) (early appropriation/privacy tort; consent to use image)
- Dowis v. Mud Slingers, Inc., 279 Ga. 808 (Ga. 2005) (conflict-of-laws; lex loci delicti in torts)
- Ridson Enters., Inc. v. Colemill Enters., Inc., 172 Ga. App. 902 (Ga. App. 1984) (locus delicti; injury location controls law)
- Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487 (Sup. Ct. 1941) (federal court follows forum-state conflict rules)