Tennessee
How Davis v. Electronic Arts, Inc. applies in Tennessee: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Tennessee recognizes the right of publicity as a form of intellectual property that protects individuals against the unauthorized use of their likeness. Like the Davis case, Tennessee courts evaluate the commercial use of a person's identity and assess whether the use was permissible under state law.
Under Tennessee law, specifically Tennessee Code Annotated § 47-25-1101, individuals have a statutory right to control the commercial use of their name or likeness during their lifetime and for 10 years after death.
The court held that the unauthorized use of an individual's image in commercials constituted a violation of their right of publicity.
The court ruled that the use of an athlete's likeness in a video game without consent was an infringement of their right of publicity.
The court found that using a celebrity's voice for an advertisement without permission violated their rights, thus reinforcing the principles established in Davis.
Tennessee law provides a clearer framework for evaluating the right of publicity compared to federal law, which does not explicitly recognize such a right. In federal courts, plaintiffs often struggle to assert claims based solely on the unauthorized use of likeness, particularly under First Amendment protections, whereas Tennessee's statutory framework offers direct recourse.
The principles of Davis v. Electronic Arts, Inc. are pertinent for the Tennessee bar exam, especially in relation to questions involving intellectual property and right of publicity.