Utah
How Davis v. Electronic Arts, Inc. applies in Utah: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Utah follows similar privacy and publicity rights principles as outlined in the Davis case. The state recognizes the right of individuals to control the commercial use of their likenesses, especially in the context of video games and other media.
In Utah, individuals have the right of publicity, protecting against unauthorized commercial use of their identity or likeness, even in artistic contexts.
This case upheld a plaintiff's right to control the commercial use of their image in promotional materials, reinforcing the principles of the right of publicity.
The court ruled that the fraternity's use of a member's image without consent in promotional content violated the member's right of publicity under Utah law.
Here, the court found that the unauthorized use of a student-athlete's image in marketing materials constituted a violation of the right of publicity.
Utah's approach mirrors federal principles by prioritizing the individual's right to control their likeness and name. However, while some federal jurisdictions have varied in their treatment of these issues, Utah consistently applies robust protections for personal rights.
Questions on the Utah bar exam may touch on the right of publicity and its applicability to cases like Davis, particularly in the context of media and entertainment law.