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.
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 […]
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, […]
Sec. 11. In establishing the amount of the profits under section 10(1)(B) of this chapter: (1) the plaintiff is required to prove the gross revenue attributable to the unauthorized use; and (2) the defendant is required to prove properly deductible expenses. [Pre-2002 Recodification Citation: 32-13-1-11.] As added by P.L.2-2002, SEC.21.
Sec. 12. In addition to any damages awarded under section 10 of this chapter, the court: (1) shall award to the prevailing party reasonable attorney’s fees, costs, and expenses relating to an action under this chapter; and (2) may order temporary or permanent injunctive relief, except as provided by section 13 of this chapter. [Pre-2002 […]
Sec. 13. Injunctive relief is not enforceable against a news reporting or an entertainment medium that has: (1) contracted with a person for the publication or broadcast of an advertisement; and (2) incorporated the advertisement in tangible form into material that has been prepared for broadcast or publication. [Pre-2002 Recodification Citation: 32-13-1-13.] As added by […]
Sec. 14. (a) This section does not apply to a news reporting or an entertainment medium. (b) During any period that an action under this chapter is pending, a court may order the impoundment of: (1) goods, merchandise, or other materials claimed to have been made or used in violation of section 8 of this […]
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.
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 […]
Sec. 17. (a) The written consent required by section 8 of this chapter and the rights and remedies set forth in this chapter may be exercised and enforced by: (1) a personality; or (2) a person to whom the recognized rights of a personality have been transferred under section 16 of this chapter. (b) If […]
Sec. 18. (a) Subject to sections 16 and 17 of this chapter, after the death of an intestate personality, the rights and remedies of this chapter may be exercised and enforced by a person who possesses a total of not less than one-half (1/2) interest of the personality’s recognized rights. (b) A person described in […]
Sec. 19. If: (1) a deceased personality’s recognized rights under this chapter were not transferred by: (A) contract; (B) license; (C) gift; (D) trust; or (E) testamentary document; and (2) there are no surviving persons as described in section 17 of this chapter to whom the deceased personality’s recognized rights pass by intestate succession; the […]
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 […]
Sec. 20. The rights and remedies provided for in this chapter are supplemental to any other rights and remedies provided by law. [Pre-2002 Recodification Citation: 32-13-1-20.] As added by P.L.2-2002, SEC.21.
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.
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, […]
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.
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 […]
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.
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 […]
