Florida
How Brown v. Electronic Arts, Inc. applies in Florida: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Florida follows a similar approach to the use of an individual's likeness and the right of publicity as established in Brown v. Electronic Arts, Inc., balancing the interests of the individuals against freedom of expression. It has adopted statutory protections for the right of publicity which can bolster the principles established in federal cases.
In Florida, the right of publicity is protected under common law and statutory law, allowing individuals to control the commercial use of their names and likenesses, especially posthumously for 40 years after death under Fla. Stat. § 540.08.
The court held that the use of a celebrity's image without permission for a commercial purpose constituted a violation of the right of publicity.
This case affirmed that individuals have a claim against unauthorized use of their likeness in commercial products.
The case determined that a right of publicity claim can be sustained when a person's likeness is used to promote a product without consent.
Florida's approach to the right of publicity is generally more favorable to individuals’ rights as compared to federal law, which does not explicitly recognize a common law right of publicity. Furthermore, Florida's statutory framework provides additional protections that are not universally available under federal intellectual property laws.
Understanding the right of publicity is critical for the Florida bar exam, particularly in the context of intellectual property and privacy law. Questions may focus on the balance between personal rights and commercial interests.