Utah
How Conrad v. Hurst applies in Utah: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Utah follows similar principles laid out in Conrad v. Hurst regarding the right of publicity, recognizing that individuals have the right to control the use of their likeness for commercial purposes. Utah law emphasizes protecting individuals from unauthorized commercial exploitation of their identity.
In Utah, the right of publicity is governed by statutory law under Utah Code § 76-10-1201, which encapsulates the right of individuals to control the commercial use of their persona during their life and posthumously.
The court upheld the right of publicity, ruling that the unauthorized use of an athlete's name and likeness for commercial gain constituted a violation.
This case confirmed that individuals have a protectable interest in their image and likeness as it pertains to sports endorsements.
The court recognized certain rights athletes have concerning their image and performances in an organized event.
Utah's approach mirrors the federal standard concerning the right of publicity, yet state law adds more specific protections tailored to local conditions. While federal law provides a general framework, Utah's statutory provisions offer clearer guidance on both living and posthumous representations.
Understanding the right of publicity in Utah is crucial for the bar exam, particularly in questions concerning entertainment and sports law where commercial exploitation is relevant.