HB 181 Summary

• Creates the Alabama Right of Publicity Act to establish statutory protections for commercial control over a person's name, likeness, image, voice, and other identifying attributes.

• Establishes that the right of publicity exists for all persons (famous or not) during their lifetime and continues for 55 years after death, and is freely transferable and descendible property.

• Imposes liability on any person or entity that uses another's indicia of identity in commerce, advertising, fund-raising, or false endorsements without consent, regardless of whether the use is for profit.

• Allows injured parties to recover statutory damages of $5,000 per case, actual damages including the defendant's profits, punitive damages, and injunctive relief, with violations deemed irreparable harm.

• Preserves First Amendment protections and establishes a statute of limitations of two years from discovery of the violation (up to four years from the act itself), while exempting lawful resale of authorized products containing the protected identity.