§ 47-25-1101. Short Title
This part shall be known and may be cited as the “Personal Rights Protection Act of 1984.”
§ 47-25-1102. Part Definitions
As used in this part, unless the context otherwise requires: “Definable group” means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage […]
§ 47-25-1103. Property Right in Use of Name, Photograph, Likeness
Every individual has a property right in the use of that person’s name, photograph, or likeness in any medium in any manner. The individual rights provided for in subsection (a) constitute property rights and are freely assignable and licensable, and do not expire upon the death of the individual so protected, whether or not such […]
§ 47-25-1104. Exclusivity and Duration of Right
The rights provided for in this part shall be deemed exclusive to the individual, subject to the assignment or licensing of such rights as provided in § 47-25-1103, during such individual’s lifetime and to the executors, heirs, assigns, or devisees for a period of ten (10) years after the death of the individual. Commercial exploitation […]
§ 47-25-1105. Unauthorized Use Prohibited
Any person who knowingly uses or infringes upon the use of another individual’s name, photograph, or likeness in any medium, in any manner directed to any person other than such individual, as an item of commerce for purposes of advertising products, merchandise, goods, or services, or for purposes of fund raising, solicitation of donations, purchases […]
§ 47-25-1106. Remedies
The chancery and circuit court having jurisdiction for any action arising pursuant to this part may grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individual’s name, photograph, or likeness. As part of such injunction, the court may authorize the confiscation of all unauthorized items […]
§ 47-25-1107. Exemptions
It is deemed a fair use and no violation of an individual’s rights shall be found, for purposes of this part, if the use of a name, photograph, or likeness is in connection with any news, public affairs, or sports broadcast or account. The use of a name, photograph, or likeness in a commercial medium […]
§ 47-25-1108. Application to Individuals Protected by “Model Trademark act.”
This part applies to any individual otherwise entitled to the protection afforded under part 5 of this chapter.