Indiana
How Davis v. Electronic Arts, Inc. applies in Indiana: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Indiana courts generally align with the principles established in Davis v. Electronic Arts, Inc. regarding the use of an individual's likeness for commercial purposes. Indiana recognizes the right of publicity as a protectable interest, allowing individuals to control the commercial exploitation of their identity.
In Indiana, the right of publicity is governed by Indiana Code § 32-36-1, which provides that a person may not use another's name, voice, signature, photograph, or likeness for a commercial purpose without consent.
The court held that the unauthorized use of a celebrity's likeness in an advertisement violated Indiana's right of publicity statute.
Held that a dealership’s use of images of a former professional athlete in ads constituted unauthorized appropriation of his likeness under Indiana law.
The court found that using a celebrity's name in promotional material without permission constituted a violation of the right of publicity.
Indiana's approach to the right of publicity reflects a state-specific interpretation that can differ from federal trademark law, which focuses on preventing consumer confusion. Unlike the federal standard, Indiana law allows recovery for non-economic damages related to the appropriation of a person's likeness.
Understanding the right of publicity is essential for the Indiana bar exam, as it combines aspects of both tort law and intellectual property.