Nevada
How Davis v. Electronic Arts, Inc. applies in Nevada: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Nevada law, similar to the Ninth Circuit's approach discussed in 'Davis,' recognizes the right of publicity but places particular emphasis on the balance between commercial speech and individual rights. The state acknowledges that the use of an individual's likeness in a commercial context, such as video games, requires consent unless certain exceptions apply.
In Nevada, the right of publicity is governed by statute (NRS 597.790 - 597.800), which protects individuals from unauthorized commercial exploitation of their name or likeness during their lifetime and extends for 50 years post-mortem.
The court recognized the posthumous right of publicity applicable to an estate even after the individual's death, reinforcing the consent requirement for the commercial use of an individual's likeness.
The court held that unauthorized use of a likeness in business marketing constitutes a violation of the right of publicity and emphasized the importance of consent.
This case clarified that failing to obtain authorization or consent before using an individual's image in advertising leads to actionable claims under Nevada's right of publicity statute.
Both Nevada and federal law recognize the right of publicity, but federal law lacks a uniform standard, as it varies by state. Nevada's specific statutes provide clearer protections for individuals in commercial situations, prioritizing consent and individual rights over commercial interests.
The principles derived from 'Davis' are pertinent in the Nevada bar exam, particularly in sections addressing intellectual property and entertainment law, highlighting the significance of consent in using likenesses.