Michigan
How Brown v. Electronic Arts, Inc. applies in Michigan: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Michigan recognizes the right of publicity, aligning with the principles set forth in Brown, where the commercial use of an individual's likeness without consent constitutes an infringement. The state has developed a legal framework that protects individual rights against unauthorized exploitation of their persona.
In Michigan, the unauthorized commercial use of an individual's likeness or persona is actionable under the common law right of publicity, emphasizing the individual's consent.
The court held that the unauthorized use of a likeness in a commercial context can give rise to a right of publicity claim.
Established the principle that publicity rights include the right to determine the use of one's likeness in advertising and promotions.
Clarified that even minor variations in the likeness do not negate the applicability of the right of publicity.
Michigan's approach generally mirrors the federal standard established in Brown, but it provides more explicit protections under state law for the right of publicity without the need for express statutory provisions. While federal law is rooted in a balance between First Amendment rights and individual rights, Michigan tends to emphasize personal rights more strongly.
The Brown case principles are relevant in the Michigan bar exam framework, especially for questions about intellectual property and rights of publicity, offering a practical application of legal concepts.