Ohio
How A. E. v. S. C. Corp. applies in Ohio: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Ohio law considers the principles of undue influence and misappropriation of likeness very seriously, particularly in cases involving commercial exploitation of an individual's identity without consent. The courts emphasize the protection of personal rights in the realm of intellectual property.
In Ohio, individuals have a right of publicity which protects against the unauthorized commercial use of their identity, specifically their name, image, or likeness, under Ohio Revised Code Section 2741.
The court upheld that unauthorized use of an individual’s photograph for commercial purposes constituted a violation of the right of publicity.
The ruling reinforced that emotional distress claims can coincide with right of publicity claims, particularly when personal injury results from unauthorized use.
This case confirmed that the right of publicity survives the death of an individual, allowing heirs to pursue claims related to postmortem use of their likeness.
Ohio's approach aligns with the common law recognition of the right of publicity, similarly to several federal circuits that protect these rights; however, Ohio law explicitly codifies this protection under state statute. Unlike federal law which typically does not cover individual rights of publicity directly, Ohio provides comprehensive statutory protection.
Understanding the implications of A. E. v. S. C. Corp. and its alignment with Ohio's right of publicity is crucial for the Ohio bar exam, especially in essays focusing on intellectual property law and personal rights.