Kentucky
How Brown v. Electronic Arts, Inc. applies in Kentucky: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Kentucky generally follows the principles established in federal copyright law, particularly concerning the rights of individuals to control their likeness. The state's approach emphasizes the importance of balancing First Amendment rights against the right of publicity.
In Kentucky, individuals have a right of publicity that protects against the unauthorized commercial use of one's likeness, which aligns with the legal standards set forth in Brown.
The court held that a commercial use of an individual's likeness in a work of art did not violate the right of publicity due to expressive First Amendment protections.
The court determined that using photographs of students for promotional purposes without consent could infringe on their right of publicity.
This case established that the use of an individual’s likeness in advertising without consent could lead to liability under Kentucky law.
Kentucky's approach aligns closely with the federal standard established by Brown v. Electronic Arts, particularly in recognizing the interplay between publicity rights and First Amendment protections. However, state law provides additional clarity on how these rights apply in a commercial context.
Understanding the implications of Brown v. Electronic Arts is crucial for the Kentucky bar exam, especially concerning right of publicity and First Amendment issues in intellectual property cases.