Wisconsin
How Brown v. Electronic Arts, Inc. applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Wisconsin courts generally follow federal precedents in intellectual property cases, particularly in addressing claims of right of publicity. The state's laws focus on balancing the individual's right to control their likeness against First Amendment protections.
The right of publicity in Wisconsin acknowledges an individual's right to control and profit from the commercial use of their identity, particularly when such use does not transform or comment on the original context.
The court ruled that unauthorized use of an individual's likeness for commercial gain violates the right of publicity set forth in state law.
This case clarified that the right of publicity extends to digital representations and online platforms, emphasizing the need for explicit consent.
The court established that the right of publicity can be overridden by First Amendment protections in certain contexts, particularly in news reporting.
Wisconsin's approach aligns with the federal standard by recognizing both the right of publicity and the importance of free expression under the First Amendment. However, Wisconsin may lean more heavily toward protecting individual rights against commercial exploitation compared to the more balanced federal approach seen in cases like 'Mattel, Inc. v. MCA Records, Inc.'
Wisconsin bar exam questions may feature scenarios related to the right of publicity, especially regarding the balance between individual rights and expressive freedoms.