Rosa & Raymond Parks Inst. for Self Dev. v. Target Corp. - 812 F.3d 824 (11th Cir. 2016)

Rule:

The qualified privilege to report on matters in the public interest is deeply rooted in Michigan jurisprudence, and, where the facts are undisputed, presents a question of law. The privilege attaches to matters of general public interest, and extends to all communications made bona fide upon any subject-matter where the party communicating has an interest or a duty to a person having a corresponding interest or duty. This defense also embraces cases where the duty is not a legal one, but where it is of a moral or social character of imperfect obligation. The privilege afforded is not a constant but varies with the situation and the importance of the social issues at stake. In cases concerning social issues, Michigan courts and courts applying Michigan law have found the qualified privilege to extend to issues concerning even general topics of public concern. Although most often used as a shield to liability in defamation and libel cases, Michigan's absolute and qualified privileges have been applied to preclude liability for claims premised on other torts.

Facts:

The Rosa and Raymond Parks Institute for Self Development (the "Institute") was a Michigan 501(c)(3) non-profit corporation that owned the name and likeness of the late Rosa Parks pursuant to a right-of-publicity assignment. Target Corporation ("Target"), a national retail corporation, offered books and movies about Parks for retail. It also sold a collage-styled plaque that included, among other items, a picture of Parks. The Institute filed a complaint against Target, alleging that by selling the aforementioned products, Target had unfairly and without the Institute’s prior knowledge or consent, used Park’s name, likeness, and image to sell products and did promote and sell products using Park’s name, likeness, and image for Target’s own commercial advantage. After Target sought summary judgment, the district court dismissed the complaint. The present appeal followed. 

Issue:

Under the circumstances, could Target Corporation be held liable for the use of Rosa Parks' name and likeness in books, a movie, and a plaque without the consent of the Institute? 

Answer:

No.

Conclusion:

The court held that the district court properly dismissed the Institute’s complaint since the use of Rosa Parks' name and likeness in books, a movie, and a plaque was necessary to chronicling and discussing the history of the Civil Rights Movement, and such use was protected by Michigan's qualified privilege, premised on Mich. Const. art. I, § 5, which protected matters of public interest.