Massachusetts
How Davis v. Electronic Arts, Inc. applies in Massachusetts: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
In Massachusetts, the right of publicity is recognized, and similar principles apply regarding the commercial use of an individual's identity without consent. The state emphasizes the need to balance First Amendment rights with individual privacy rights.
Under Massachusetts law, the unauthorized use of an individual's likeness for commercial purposes is actionable under the Massachusetts right of publicity statute, requiring the plaintiff to demonstrate the commercial nature of the use and the lack of consent.
The court held that public figures retain some rights to control the commercial use of their images, emphasizing the importance of consent.
This case reaffirmed the right of publicity under Massachusetts law, establishing that the use of a player's likeness in merchandise requires explicit permission.
The court ruled that the right to publicity protects individuals against the unauthorized use of their identity in various media, reinforcing privacy rights in Massachusetts.
While federal law does provide some protections under the First Amendment, Massachusetts law is more explicit in recognizing the right of publicity as a distinct state right. The state’s approach is typically more protective of individuals' rights over their likenesses as compared to the broader federal standards.
Understanding the nuances of Massachusetts's right of publicity is crucial for the bar exam, specifically how it aligns and diverges from federal standards.