Colorado
How Brown v. Electronic Arts, Inc. applies in Colorado: state-specific rules, key cases, and bar exam notes for Intellectual Property.
In Colorado, the principles from Brown v. Electronic Arts, Inc. regarding the use of an individual's likeness are approached with a strong emphasis on the right of publicity and privacy. The state recognizes that individuals have a protectable interest in their persona, especially regarding commercial use without consent.
In Colorado, the right of publicity is recognized under § 6-1-712 of the Colorado Revised Statutes, which asserts that a person or their estate can control the commercial use of their name, image, or likeness during their lifetime and for a certain period after their death.
The Colorado Supreme Court held that individuals have a privacy interest that must be protected from unauthorized commercial use, particularly in contexts that may cause harm or humiliation.
The court affirmed that the unauthorized commercial use of a likeness infringes on the right of publicity, with a focus on the economic rights of the individual.
This case recognized the protectability of an individual’s likeness in a commercial setting even when the use was not explicitly defamatory.
Colorado's approach to the right of publicity aligns with federal interpretations that seek to protect personal likeness from unauthorized commercial exploitation. However, Colorado law is more explicit in articulating the duration and heirs' rights associated with the right of publicity, which can create distinct outcomes in legal assessments compared to more general federal standards.
Understanding the right of publicity and its application in Colorado is critical for the Colorado bar exam, particularly as it relates to privacy rights in commercial contexts.