California
How Boeing Co. v. Kipp applies in California: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
In California, the principles from Boeing Co. v. Kipp emphasize the rights of individuals regarding their likenesses and the extent of consent necessary for commercial use. The case underscores the state's privacy laws and the informed consent requirement in contracts relevant to the entertainment and sports industries.
In California, a person's likeness cannot be used for commercial purposes without explicit consent, as enforced by the California Civil Code § 3344.
In this case, the court ruled that the use of an athlete's likeness in a video game without consent constituted a violation of the right of publicity.
The court held that Samsung's use of a robot resembling Vanna White in a commercial without her consent was an infringement of her right of publicity under California law.
This case confirmed that unauthorized commercial use of a person's name in advertising can lead to liability under California's right to publicity laws.
California's approach to the right of publicity is more extensive than the federal statutes that do not explicitly recognize such a right. While federal law focuses primarily on copyright and trademark, California courts recognize the right of publicity as a separate and enforceable legal claim.
Understanding the principles from Boeing Co. v. Kipp is essential for the California bar exam, particularly regarding the right of publicity and consent issues in entertainment law.