This section contains the nature of the case and procedural background.

Fourteen-year-old Lindsay Bullard (P) exposed her breasts to two unknown men in a parking lot in Panama City, Florida. P was aware that the men were videotaping her at the time and expressed no objection to being videotaped. P had no discussion about what future use the men might make of the videotape. MRA Holding LLC (D), obtained the recording and included it in its College Girls Gone Wild video series. D also used a still photo from the video clip and placed it in a prominent position on the cover of the video box for the College Girls Gone Wild video that it later marketed and sold nationwide. D blocked out P's breasts and superimposed an inscription, “Get Educated!” in that block. Some can conclude that P was making this statement. D never obtained any kind of rights or permission from P. Television and internet advertisements incorporated P's image. Bullard's image had no commercial value before appearing on the cover of the College Girls Gone Wild video. P sued D in Georgia for appropriation of her likeness. D moved for summary judgment and the court certified a number of questions one of which was whether Georgia law applied. P is domiciled in Georgia but the tape was made in Florida. The tape was advertised nationally but also in Georgia. The emotional injury that P has suffered has occurred in Georgia.

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