New Hampshire
How Davis v. Electronic Arts, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
New Hampshire law recognizes the right of publicity and the protection of one’s likeness, similar to the principles established in Davis v. Electronic Arts, Inc. The state balances individual rights with First Amendment protections, although specific applications may vary based on case facts.
In New Hampshire, the right of publicity is grounded in both common law and statutory provisions, acknowledging that individuals have a proprietary interest in their likeness and the ability to control its commercial use.
Establishes a statutory framework for protection against the unauthorized commercial use of one's name and likeness.
Held that the unauthorized use of a professional golfer's name for commercial purposes constituted an infringement of the right of publicity.
Affirmed the right of public figures to control the commercial use of their images as a matter of personal dignity.
New Hampshire's approach to the right of publicity follows similar principles as outlined in Davis v. Electronic Arts, Inc., particularly regarding the commercial exploitation of likenesses. However, the state provides unique stipulations that may emphasize the need for express consent beyond the federal standard.
Understanding the nuances of the right of publicity in New Hampshire is vital for the bar exam, particularly under the topic of intellectual property and personal rights.