Mississippi
How Brown v. Electronic Arts, Inc. applies in Mississippi: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Mississippi follows foundational principles of intellectual property law as established in Brown, emphasizing the balance between an individual's right to publicity and First Amendment protections. The state considers misappropriation claims seriously, particularly in cases involving commercial exploitation of persona.
In Mississippi, the right to publicity is recognized, and misappropriation claims are assessed under common law tort principles, similar to the approach taken in Brown.
The court upheld the right of personal publicity, highlighting that unauthorized use of a person's likeness for commercial gain constituted an invasion of privacy.
The court affirmed that public figures could pursue misappropriation claims when their likenesses are used without permission in a commercial context.
The trial court ruled in favor of the plaintiff, establishing that the defendant's use of the plaintiff's image breached their right to publicity.
Like federal law, Mississippi law recognizes a balance between the right to publicity and free expression rights as established in cases like Brown. However, Mississippi may have a more nuanced approach with additional protections for individuals compared to federal standards, particularly in addressing local misappropriation issues.
Questions regarding the right to publicity and misappropriation of likeness are frequently tested on the Mississippi bar exam, requiring familiarity with both state and federal precedents.