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Conflict of Laws Keyed to Brilmayer
Bullard v. MRA Holdings, LLC
Citation:
292 Ga. 748, 740 S.E.2d 622, 41 Media L. Rep. 2708, 13 FCDR 876 (2013)Facts
While in Florida on spring break, Plaintiff Lindsay Bullard, a 14-year-old girl from Georgia, exposed her breasts to two men. The two men captured Bullard on film, and she did not object to being videotaped. MRA Holding, LLC (MRA) obtained the footage and used it in its “College Girls Gone Wild” series. MRA also used a still photograph of Bullard that was taken from the video and placed it in a prominent position on the cover of the video box. MRA marketed and sold the “College Girls Gone Wild” video nationwide. MRA did not obtain Bullard’s permission to use the video footage of her in the “College Girls Gone Wild” video or on the video box cover. Bullard claimed that she suffered humiliation and injury to her reputation as a result of MRA’s use of her image.
Bullard filed suit against MRA Holding, LLC, in the U.S. District Court for the Northern District of Georgia for appropriation of her likeness without her consent. MRA claimed that Florida law applied because the video was shot in Florida and moved for summary judgment. The district court ruled that Georgia law controlled, but certified the case to the Georgia Supreme Court because it could not determine whether Bullard’s claim was “viable under Georgia state law.”
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Choice of Law