Texas
How Brown v. Electronic Arts, Inc. applies in Texas: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Texas courts generally align with federal standards regarding the protection of personal rights, especially within the arena of publicity and privacy rights. This approach emphasizes the importance of balancing free expression with the rights of individuals to control the commercial use of their identities.
In Texas, the Texas Civil Practices and Remedies Code § 26.001 protects an individual's right of publicity, prohibiting unauthorized commercial use of a person's name, image, or likeness.
The court held that a magazine's use of alumni names in an advertising context did not violate the right of publicity as it constituted expression protected under the First Amendment.
The court ruled that the use of a public figure's likeness in an advertisement was permissible as long as the expressive content outweighed any potential harm to the individual’s right of publicity.
The Texas court upheld that NCAA's use of student-athletes' likenesses for commercial gain requires the consent of the athletes involved, reinforcing the right of publicity.
Texas's approach generally mirrors the federal standard set forth in Brown v. Electronic Arts, which balances the right of public figures against the First Amendment protections for expressive works. However, Texas law provides more explicit statutory protection for individuals’ rights of publicity.
Questions related to the right of publicity and expressive works may arise on the Texas bar exam, particularly in the context of balancing privacy rights against free speech.