Hawaii
How Brown v. Electronic Arts, Inc. applies in Hawaii: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Hawaii recognizes the importance of the right of publicity and personal identity, generally paralleling the federal treatment of intellectual property. However, state law may offer specific protections based on local statute or precedent that could differ from federal standards.
In Hawaii, the right of publicity is recognized and protects individuals from unauthorized use of their likeness, particularly for commercial purposes, as adjudicated under HRS § 480-12.
The court ruled that a public figure's likeness cannot be used for commercial gain without consent, further solidifying the state’s adherence to publicity rights.
The ruling highlighted the balance between First Amendment rights and the right of publicity, providing guidance on how expressive content must respect an individual's likeness.
The court clarified the bounds of publicity rights in cases involving creative works, establishing criteria for evaluation when artistic expression is considered.
Hawaii's approach to the right of publicity is relatively consistent with the federal standard, which emphasizes consent for use of a person's likeness. However, Hawaii law may provide broader protections based on its specific statutes and case law, particularly regarding the balance between commercial exploitation and artistic expression.
The right of publicity and intellectual property issues arising from Brown v. Electronic Arts, Inc. could be relevant for Hawaii bar exam essays focusing on IP law or torts.