Wisconsin
How Davis v. Electronic Arts, Inc. applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Entertainment & Sports Law.
Wisconsin approaches the use of an individual’s likeness in commercial contexts with a focus on the right of publicity, which protects against unauthorized commercial appropriations. The application of this principle aligns with how Wisconsin courts evaluate cases of unauthorized use of names and images.
In Wisconsin, an individual's likeness cannot be used for commercial purposes without consent, as established under Wisconsin Statute § 995.50, which protects the right of publicity.
The court held that the use of a likeness for commercial promotion requires consent, emphasizing the protection of personal rights.
The court ruled that publicity rights extend to depiction in commercial works, reinforcing the right of publicity in Wisconsin.
The decision underscored that unauthorized commercial use of an individual's image or likeness contravenes rights guaranteed under state law.
While Davis v. Electronic Arts, Inc. utilized a federal standard addressing the First Amendment in relation to the right of publicity, Wisconsin’s applicability focuses primarily on state statutory law which may provide additional protections. Wisconsin generally does not recognize a broad public interest defense, which is sometimes acknowledged in federal courts.
The principles from Davis v. Electronic Arts, Inc. are pertinent for the Wisconsin bar exam, particularly in questions related to the right of publicity and the use of likeness in commercial contexts.