Minnesota
How Brown v. Electronic Arts, Inc. applies in Minnesota: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Minnesota recognizes the right of publicity under state law, which aligns with the principles established in Brown v. Electronic Arts, Inc. The state provides protections against unauthorized commercial use of an individual's identity, similar to the doctrines discussed in Brown.
In Minnesota, the right of publicity prevents individuals and corporations from commercially exploiting a person's name, image, or likeness without permission, as codified in Minnesota Statutes § 540.08.
The court held that the right of publicity includes protection against unauthorized commercial use of reputation and likeness, reinforcing an individual's control over their identity.
The decision affirmed that state statutes protect individuals' rights to control the commercial use of their names and images, important for establishing boundaries against unauthorized use.
The court ruled that the unauthorized use of a student-athlete's likeness in a commercial context violated his right of publicity, emphasizing the significance of consent.
While federal law does not explicitly recognize a right of publicity, Minnesota's approach sets clear statutes for individuals' rights to control commercial use of their likeness. This differs from the reliance on common law principles at the federal level, emphasizing the need for state-based remedy frameworks.
Understanding the intersection of right of publicity and intellectual property in Minnesota is pertinent for the bar exam, particularly cases involving commercial exploitation of identity.