Section 6-5-770 – Short Title.
Section 6-5-770 Short title. This article shall be known and may be cited as the Alabama Right of Publicity Act. (Act 2015-188, §1.)
Section 6-5-771 – Definitions.
Section 6-5-771 Definitions. For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, […]
Section 6-5-772 – Liability for Use of Indicia of Identity Without Consent.
Section 6-5-772 Liability for use of indicia of identity without consent. (a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of […]
Section 6-5-773 – Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action.
Section 6-5-773 Relation to free speech; fair use; resale of lawfully-obtained products; commencement of action. (a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 1901. (b) It is a fair use and […]
Section 6-5-774 – Remedies.
Section 6-5-774 Remedies. A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory damages in the amount of five thousand dollars ($5,000) per […]