32-36-1-15. Destruction or Other Disposition of Offending Materials
Sec. 15. (a) This section does not apply to a news reporting or an entertainment medium. (b) As part of a final judgment or decree, a court may order the destruction or other reasonable disposition of items described in section 14(b) of this chapter. [Pre-2002 Recodification Citation: 32-13-1-15.] As added by P.L.2-2002, SEC.21.
32-36-1-16. Property Rights
Sec. 16. The rights recognized under this chapter are property rights, freely transferable and descendible, in whole or in part, by the following: (1) Contract. (2) License. (3) Gift. (4) Trust. (5) Testamentary document. (6) Operation of the laws of intestate succession applicable to the state administering the estate and property of an intestate deceased […]
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.
32-36-1-8. Consent Required for Commercial Use of a Personality’s Right of Publicity; Application to the Rights of a Deceased Personality
Sec. 8. (a) A person may not use an aspect of a personality’s right of publicity for a commercial purpose during the personality’s lifetime or for one hundred (100) years after the date of the personality’s death without having obtained previous written consent from a person specified in section 17 of this chapter. If a […]