Montana
How Davis v. Electronic Arts, Inc. applies in Montana: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Montana recognizes the right of publicity as a legal principle akin to the one established in Davis v. Electronic Arts, but with specific considerations unique to its statutory framework. The Montana Constitution also provides protections for individual rights, which aligns with the underlying themes of personal autonomy and commercial exploitation present in the Davis case.
In Montana, the right of publicity is protected under Mont. Code Ann. § 27-1-701, which allows individuals to seek redress against unauthorized use of their name, image, or likeness for commercial purposes.
The court held that state statutes which protect an individual's right of publicity can prevent unauthorized commercial use of a person's likeness, reinforcing similar outcomes to federal precedents.
This case emphasized the necessity for express permission to use an individual's likeness in marketing, aligning with protections seen in Davis.
The court ruled that student-athletes have a right of publicity that must be respected by the university and its affiliates, similar to the holdings in Davis.
Montana's approach is consistent with federal standards established in Davis, emphasizing the importance of consent in commercial exploitation cases. However, Montana's specific statutory protections and constitutional provisions provide a broader framework for individual rights compared to federal law.
Understanding the nuances of the right of publicity in the context of Montana law is pertinent for the bar exam, particularly in sections dealing with entertainment law and personal rights.