North Dakota
How Davis v. Electronic Arts, Inc. applies in North Dakota: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
North Dakota recognizes the right of publicity, similar to the principles established in Davis v. Electronic Arts, Inc. However, the state emphasizes that the commercial use of an individual's identity requires consent, aligning with state laws regarding commercial appropriation.
In North Dakota, the unauthorized use of an individual's likeness for commercial purposes without consent constitutes a violation of the right of publicity.
The court held that the unauthorized use of professional licenses constituted misappropriation of identity.
The court ruled that use of a student-athlete's image without consent violated their right of publicity.
While the federal standard in Davis focuses broadly on artistic representations and transformative use, North Dakota courts emphasize the necessity of consent for any commercial usage of an individual's likeness, providing a more restrictive interpretation of the right of publicity.
Issues concerning the right of publicity, especially as seen in cases like Davis v. Electronic Arts, are relevant for the North Dakota bar exam, particularly under state-specific laws governing commercial appropriation.