New York
How Brown v. Electronic Arts, Inc. applies in New York: state-specific rules, key cases, and bar exam notes for Intellectual Property.
New York recognizes the right of publicity, which protects individuals from unauthorized commercial exploitation of their likeness. The state also balances this right against First Amendment protections, often favoring expressive works.
In New York, the right of publicity, as codified in the Civil Rights Law Sections 50 and 51, provides that no person shall use an individual's name, picture, or likeness for advertising or trade purposes without consent.
The Second Circuit held that the use of a person's name in an expressive work is protected unless it is explicitly misleading.
The court confirmed that artistic relevance is an important factor in determining the applicability of the right of publicity.
The court ruled that the use of a celebrity's image in a movie still may violate the right of publicity, depending on the transformative nature of the usage.
New York's right of publicity law provides more explicit statutory guidance than the common law approaches often applied in federal courts. While both legal frameworks prioritize the balance between publicity rights and freedom of expression, cases like Brown highlight how New York's structure may afford more protection to individuals.
Understanding the nuances of the right of publicity in New York is key for the bar exam, particularly in intellectual property and tort law sections.