North Carolina
How Davis v. Electronic Arts, Inc. applies in North Carolina: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
North Carolina courts adhere to the principles of the right of publicity and the protection of individual likenesses used for commercial purposes, similar to federal standards. They emphasize the necessity to obtain consent for such use, particularly in the field of entertainment and sports.
In North Carolina, the unauthorized use of a person's name, image, or likeness for commercial purposes constitutes a violation of their right of publicity, and such use requires express consent.
The court held that the use of a celebrity's photograph without permission for promotional purposes violated their right of publicity.
The decision clarified that using the likeness of a person in advertisement necessitates prior consent, reinforcing the protections under North Carolina law.
The court ruled that even an editorial use can infringe on the right of publicity if it is closely tied to commercial activities.
While North Carolina aligns significantly with the federal standard for the right of publicity, it also emphasizes state-specific legislation that offers broader protection for likenesses in commercial use. This means that defendants in North Carolina may face stricter requirements around obtaining consent compared to the treatment under federal law.
Knowledge of the principles regarding the right of publicity as established in Davis v. Electronic Arts, Inc. is particularly relevant for the North Carolina bar exam, as it tests knowledge of state-specific applications in entertainment law.