Vermont
How Brown v. Electronic Arts, Inc. applies in Vermont: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Vermont courts generally follow the principles established in Brown v. Electronic Arts, Inc., particularly regarding the protection of publicity rights and the balance between creative expression and proprietary interests. The state's approach acknowledges the necessity of demonstrating an actual commercial benefit derived from the use of an individual's likeness to warrant a violation of publicity rights.
Vermont law recognizes the right of publicity under common law, requiring a plaintiff to show that an unauthorized use of their likeness caused economic harm or was for unjust enrichment purposes.
The Vermont Supreme Court ruled that celebrity endorsements could not be used without permission, emphasizing the significance of protecting a public figure's likeness.
The court held that unauthorized commercial use of a person's image in a publication constituted a violation of that individual's right of publicity.
Vermont's approach aligns closely with federal law in recognizing the right of publicity but highlights the necessity of proof of actual damages or economic benefit, which might differ from more expansive state interpretations. Additionally, Vermont courts have yet to adopt a broad federal standard for commercial speech that protects artistic expression more liberally than the state's stringent requirements.
Understanding the nuances of the right of publicity as articulated in Brown is essential for Vermont bar exam candidates, particularly in hypotheticals involving unauthorized commercial use of likenesses.