Ohio
How Davis v. Electronic Arts, Inc. applies in Ohio: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Ohio law similarly recognizes the right of publicity, primarily under R.C. 2741. This statute provides individuals the right to control the commercial use of their identity, aligning with the principles established in Davis v. Electronic Arts, Inc.
Under Ohio Revised Code § 2741.01, individuals have exclusive rights to their name, voice, signature, and any other likeness used for commercial purposes without prior consent.
The court held that the unauthorized use of a person's likeness in promotional materials constituted a violation of the right to publicity under Ohio law.
This case confirmed that the right of publicity protects against unauthorized commercial use of an individual’s image, solidifying the principles relevant to Davis.
The court ruled that celebrities have a right to control the commercial use of their likeness even posthumously, enhancing the protections under Ohio's right of publicity.
Ohio's right of publicity statutes provide greater specificity and protections compared to federal common law, which does not provide a universal standard for likeness and identity rights. Ohio's laws allow individuals to assert their rights more actively in cases of unauthorized use in a commercial context.
The principles of publicity rights as established in Davis v. Electronic Arts are likely to be tested on Ohio's bar exam, particularly in questions relating to intellectual property and privacy torts.