Missouri
How Brown v. Electronic Arts, Inc. applies in Missouri: state-specific rules, key cases, and bar exam notes for Intellectual Property.
In Missouri, the principles established in Brown v. Electronic Arts, Inc. regarding the use of an individual's likeness for commercial purposes without consent are closely aligned with Missouri's right of publicity laws. The state protects against unauthorized commercial exploitation, balancing First Amendment rights and individual privacy.
The right of publicity in Missouri prohibits the use of an individual's likeness for commercial purposes without consent, establishing that individuals may sue for damages when their likeness is used inappropriately in a commercial context.
The court held that individuals possess the right to control the commercial use of their identity, underscoring inherent privacy rights.
The ruling reaffirmed that commercial exploitation of an individual's likeness without consent can lead to significant damages under Missouri law.
Missouri courts affirmed that the use of public figures' likenesses must adhere to the standards set forth in Brown, emphasizing the need for consent in commercial applications.
Missouri's right of publicity laws offer a more protective stance on individual likeness rights compared to federal law, which does not specifically safeguard against the unauthorized commercial use of likeness without substantial balancing measures. The state's laws provide explicit protections that may not be present in federal statutes.
Issues related to the right of publicity are likely to appear on the Missouri bar exam, particularly focusing on consent requirements and the balance between free speech and individual rights.