Indiana
How Brown v. Electronic Arts, Inc. applies in Indiana: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Indiana recognizes the rights of individuals to control the commercial use of their identities, emphasizing the right of publicity alongside free speech principles. Following the precedent set by 'Brown v. Electronic Arts, Inc.', Indiana courts analyze the balance between artistic expression and the commercial appropriation of an individual's likeness.
In Indiana, the right of publicity statute (Ind. Code § 32-36-1-1) protects a person's identifiable likeness from commercial exploitation without consent, similar to the outcomes in Brown.
The court held that the use of a celebrity's identity for commercial purposes required consent under Indiana's right of publicity laws.
The court ruled that newsworthiness considerations may override right of publicity claims when the use relates to public interest.
The court determined that a video game's transformative nature could be a valid defense against right of publicity claims.
Indiana's right of publicity statute is more protective of individuals' rights than federal law, specifically emphasizing the control over one's likeness for commercial use. Federal law lacks a specific right of publicity doctrine, which can lead to varying interpretations across states, whereas Indiana has codified this right.
The Indiana bar exam may include questions relating to the right of publicity and its interplay with free speech, particularly as it pertains to creative works.