Maine
How Brown v. Electronic Arts, Inc. applies in Maine: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Maine law, similar to federal law, recognizes the principle of right of publicity but is less developed in case law. Courts in Maine assess the balance between individual rights of publicity and the First Amendment right to free expression.
In Maine, the right of publicity is protected under common law and assessed through a balancing test that considers the interests of the individual against societal interests in expression.
The court ruled in favor of the plaintiff, establishing that the unauthorized use of a person's likeness for commercial purposes violated the right of publicity.
The court upheld a claim of misappropriation of likeness, emphasizing the need for consent in promotional contexts.
The verdict underscored the importance of delineating artistic expression from commercial appropriation of personal identity.
Maine's approach to the right of publicity mirrors federal principles but lacks the extensive statutory framework found at the federal level. The balancing test used in Maine aligns with the federal courts' consideration of First Amendment defenses but is not as settled in case law as federal interpretations.
Expect questions on the balance between right of publicity and First Amendment rights, as well as the nuances of common law in Maine regarding intellectual property.