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AL SB197

Bill

Status

Passed

5/12/2015

Primary Sponsor

Rodger Smitherman

Click for details

Origin

Senate

Regular Session 2015

AI Summary

SB197 - Alabama Right of Publicity Act

  • Establishes a statutory right of publicity for every person in Alabama in their name, signature, photograph, image, likeness, voice, or substantially similar imitation, enduring for the person's lifetime and 55 years after death.

  • Makes the right freely transferable and descendible property that can be inherited as part of a person's estate.

  • Imposes liability on any person or entity using another's indicia of identity in commerce, advertising, solicitation, or false endorsement without consent, regardless of profit motive.

  • Provides statutory damages of $5,000 per violation or actual damages at plaintiff's election, plus injunctive relief and any other damages available under Alabama law including punitive damages.

  • Establishes fair use defenses for news, public affairs, political speech, sports broadcasts, documentaries, and artistic works, while explicitly prohibiting unauthorized use implying endorsement of political candidates.

Legislative Description

Right of publicity, elements and scope of liability for infringement period, extent of right provided, defenses and damages specified, Right of Publicity Act

Civil Actions

Last Action

Assigned Act No. 2015-188.

5/12/2015

Committee Referrals

Judiciary3/19/2015
Judiciary3/10/2015

Full Bill Text

No bill text available