Hawaii
How Davis v. Electronic Arts, Inc. applies in Hawaii: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Hawaii's approach aligns with fundamental principles of publicity rights recognized in Davis v. Electronic Arts, Inc. The state emphasizes protecting individual rights to control the commercial use of their likeness, which reflects a strong endorsement of personal privacy and publicity rights.
Under Hawaii law, individuals have the right to control the commercial use of their identity through the appropriation of likeness under Hawaii Revised Statutes § 482P.
The Hawaii Supreme Court upheld privacy rights, signaling a strong judicial inclination to protect individual identities and reputations against unauthorized commercial exploitation.
Held that the unauthorized use of an individual’s image can lead to liability when it causes harm to that individual’s reputation or interests.
Clarified that individuals have a reasonable expectation of privacy and control over their own likeness in commercial contexts.
Hawaii's approach parallels the federal standard established in Davis v. Electronic Arts by similarly recognizing the right of publicity. However, Hawaii statutes provide a clearer and more explicit statutory framework for enforcing these rights, possibly leading to different outcomes in state versus federal contexts.
This case and its principles may appear on the Hawaii bar exam, particularly in sections covering intellectual property and tort law, highlighting the importance of publicity rights.