Oklahoma
How Davis v. Electronic Arts, Inc. applies in Oklahoma: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Oklahoma recognizes the right of publicity, which protects an individual's commercial interest in their identity. This means that unauthorized commercial use of a person's likeness, even in creative works such as video games, may violate this right.
In Oklahoma, the right of publicity is primarily based on the protection of one's name, image, and likeness from unauthorized commercial exploitation.
Established that commercial speech, including commercial misappropriation of name and likeness, can be actionable under state law.
Confirmed that use of an individual's image without consent for commercial purposes may lead to actionable claims under the right of publicity.
Emphasized that the use of name or likeness for advertising or promotional activities must be authorized by the individual.
Oklahoma's approach aligns with the principles established in 'Davis,' focusing on the commercial exploitation of identity, which is protected under both state and federal law. However, federal law often provides broader rights under the First Amendment, particularly in relation to transformative works, which may not be as narrowly interpreted in Oklahoma.
Knowledge of Oklahoma's right of publicity laws is crucial for the Oklahoma bar exam, particularly in the context of entertainment and sports law.