Connecticut
How Bouchat v. Baltimore Ravens, Inc. applies in Connecticut: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Connecticut's approach follows the principles established in Bouchat v. Baltimore Ravens, emphasizing the importance of protecting a plaintiff's right to their likeness and the potential commercial use of their work. The state's laws often reflect a balance between free expression and the interests of the rights-holder.
In Connecticut, the right of publicity is recognized under the common law, prohibiting unauthorized commercial use of an individual's name or likeness, similar to the principles established in Bouchat.
The court affirmed that an individual's right of publicity must be respected when their likeness is used for commercial purposes without consent.
The court held that the unauthorized portrayal of a living person in a biographical work could infringe on their right of publicity.
The court ruled that individuals retain a right to control the commercial use of their identity, including persona and likeness.
Connecticut's right of publicity laws align closely with federal standards, particularly as established in cases like Bouchat, but differ in their application and potential for statutory claim under invasion of privacy. While federal law lacks a strong right of publicity doctrine, Connecticut's laws afford greater protection at the state level.
Questions on the Connecticut bar exam may include hypothetical scenarios involving the right of publicity and likeness, requiring an understanding of state-specific protections.