Tennessee
How Brown v. Electronic Arts, Inc. applies in Tennessee: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Tennessee courts recognize the right of publicity, as established by the Tennessee Right of Publicity Act. The state applies a balancing test to protect individuals’ rights while considering First Amendment interests in expressive works.
In Tennessee, the right of publicity protects individuals from unauthorized commercial exploitation of their identity, provided that the use is not transformative or does not contribute significantly to the public interest in artistic expression.
The court held that Elvis Presley's right of publicity continued after his death, reinforcing that his identity could not be commercially used without permission.
The court emphasized the need for transformative use in cases involving celebrity identities, which must add new expression or meaning to avoid infringing on the right of publicity.
This case affirmed that the right of publicity extends to unauthorized use in a variety of media, aligning the decision with similar principles established in Brown.
Tennessee's approach to the right of publicity closely mirrors federal standards, particularly the transformative use test adopted in cases like 'Mattel, Inc. v. MCA Records, Inc.'. However, Tennessee's statute provides more explicit protections and outlines specific exceptions which are less defined at the federal level.
Understanding the nuances of the right of publicity is vital for the Tennessee bar exam, especially in relation to how state law may differ from federal copyright principles.