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AL SB197
Bill
Status
5/12/2015
Primary Sponsor
Rodger Smitherman
Click for details
AI Summary
SB197 - Alabama Right of Publicity Act
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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.
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Makes the right freely transferable and descendible property that can be inherited as part of a person's estate.
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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.
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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.
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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