New York
How Davis v. Electronic Arts, Inc. applies in New York: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
New York law prohibits the unauthorized use of an individual's name or likeness for commercial purposes, requiring consent. Similar to the principles outlined in Davis, New York emphasizes the right of publicity and recognizes the importance of an individual’s control over their image in commercial settings.
Under New York Civil Rights Law § 50 and § 51, any person whose name, portrait, or photograph is used for advertising or trade purposes without written consent may bring a lawsuit.
The court held that artistic works that contain a minimal amount of relevance to the subject in question enjoy First Amendment protection.
The court ruled in favor of Gordon, finding that the use of his likeness in a video game without permission violated his rights under New York law.
The court affirmed that the use of a person's likeness in a newsworthy context does not infringe on an individual's right of publicity.
Federal law lacks a comprehensive right of publicity statute, placing a heavier burden on plaintiffs under the common law doctrine of appropriation. In contrast, New York's clearly defined statutory framework provides explicit protections for individuals against unauthorized commercial use of their identities.
Knowledge of the right of publicity and the nuances of how it applies to both commercial use and artistic expression may be pertinent for the New York bar exam.