Connecticut
How Davis v. Electronic Arts, Inc. applies in Connecticut: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Connecticut law recognizes the right of publicity, which protects individuals from unauthorized commercial appropriation of their likeness or identity. This principle is reflected in both statutory law and case law in Connecticut, emphasizing the necessity of consent for using someone's identity in commercial contexts.
Connecticut General Statutes § 52-570d establishes the right of publicity and provides individuals with the right to bring action against unauthorized use of their name or likeness.
The court allowed a right of publicity claim, emphasizing the importance of consent in using an individual’s likeness for commercial gain.
This case highlighted the necessity of explicit permission for the usage of a person's likeness in promotional materials.
The court ruled in favor of a plaintiff claiming unauthorized use of his image in advertising, reinforcing the principles established in Davis.
While the federal standard under the First Amendment provides broad protections for expressive works, Connecticut’s approach is more focused on the right of publicity. Connecticut courts may consider the economic harm to the individual more directly, thus enhancing protections provided above and beyond federal standards.
Understanding the right of publicity as shaped by Davis v. Electronic Arts, Inc. is crucial for the Connecticut bar exam, particularly under the subject of intellectual property and privacy law.