32-36-1-9. Jurisdictional Acts
Sec. 9. A person who: (1) engages in conduct within Indiana that is prohibited under section 8 of this chapter; (2) creates or causes to be created within Indiana goods, merchandise, or other materials prohibited under section 8 of this chapter; (3) transports or causes to be transported into Indiana goods, merchandise, or other materials […]
32-36-1-10. Damages
Sec. 10. A person who violates section 8 of this chapter may be liable for any of the following: (1) Damages in the amount of: (A) one thousand dollars ($1,000); or (B) actual damages, including profits derived from the unauthorized use; whichever is greater. (2) Treble or punitive damages, as the injured party may elect, […]
32-36-1-0.2. Application of Certain Amendments to Prior Law
Sec. 0.2. The amendments made to IC 32-13-1-8 (before its repeal, now codified at section 8 of this chapter) by P.L.54-2001 apply only to written consents obtained after July 1, 2001. As added by P.L.220-2011, SEC.530.
32-36-1-1. Application of Chapter
Sec. 1. (a) This chapter applies to an act or event that occurs within Indiana, regardless of a personality’s domicile, residence, or citizenship. (b) This chapter does not affect rights and privileges recognized under any other law that apply to a news reporting or an entertainment medium. (c) This chapter does not apply to the […]
32-36-1-2. “Commercial Purpose” Defined
Sec. 2. As used in this chapter, “commercial purpose” means the use of an aspect of a personality’s right of publicity as follows: (1) On or in connection with a product, merchandise, goods, services, or commercial activities. (2) For advertising or soliciting purchases of products, merchandise, goods, services, or for promoting commercial activities. (3) For […]
32-36-1-3. “Name” Defined
Sec. 3. As used in this chapter, “name” means the actual or assumed name of a living or deceased natural person that is intended to identify the person. [Pre-2002 Recodification Citation: 32-13-1-3.] As added by P.L.2-2002, SEC.21.
32-36-1-4. “News Reporting or an Entertainment Medium” Defined
Sec. 4. As used in this chapter, “news reporting or an entertainment medium” means a medium that publishes, broadcasts, or disseminates advertising in the normal course of its business, including the following: (1) Newspapers. (2) Magazines. (3) Radio and television networks and stations. (4) Cable television systems. [Pre-2002 Recodification Citation: 32-13-1-4.] As added by P.L.2-2002, […]
32-36-1-5. “Person” Defined
Sec. 5. As used in this chapter, “person” means a natural person, a partnership, a firm, a corporation, or an unincorporated association. [Pre-2002 Recodification Citation: 32-13-1-5.] As added by P.L.2-2002, SEC.21.
32-36-1-6. “Personality” Defined
Sec. 6. As used in this chapter, “personality” means a living or deceased natural person whose: (1) name; (2) voice; (3) signature; (4) photograph; (5) image; (6) likeness; (7) distinctive appearance; (8) gesture; or (9) mannerisms; has commercial value, whether or not the person uses or authorizes the use of the person’s rights of publicity […]
32-36-1-7. “Right of Publicity” Defined
Sec. 7. As used in this chapter, “right of publicity” means a personality’s property interest in the personality’s: (1) name; (2) voice; (3) signature; (4) photograph; (5) image; (6) likeness; (7) distinctive appearance; (8) gestures; or (9) mannerisms. [Pre-2002 Recodification Citation: 32-13-1-7.] As added by P.L.2-2002, SEC.21.