Washington
How Brown v. Electronic Arts, Inc. applies in Washington: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Washington courts recognize the right of publicity as akin to a property right which protects individuals from the unauthorized use of their likeness for commercial purposes. The state considers both statutory and common law frameworks when analyzing claims related to this right.
In Washington, the right of publicity is based on RCW 63.60.010, which protects individuals from unauthorized appropriation of their name or likeness for commercial purposes.
The court ruled that there was a violation of the right of publicity when the likeness of a celebrity was used in advertising without permission.
This case reinforced the notion that unauthorized use of an individual's likeness in a commercial setting can breach their right of publicity.
The court found that the right of publicity could extend to digital representations, indicating broader protections in commercial uses.
Washington's approach to the right of publicity is notably similar to the federal common law yet diverges in its statutory framework, emphasizing an individual's right to control their likeness. While federally recognized cases analyze broader copyright implications, Washington specifically addresses the commercial appropriation in a state context.
Knowledge of the right of publicity and cases such as Brown v. Electronic Arts, Inc. is frequently tested on the Washington bar exam, particularly within Intellectual Property law.