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AL HB179
Bill
Status
3/19/2019
Primary Sponsor
Proncey Robertson
Click for details
AI Summary
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Establishes a statutory property right in individuals' likenesses (name, voice, signature, photograph) that exists during lifetime and for 20 years after death, assignable and descendible to heirs and executors.
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Creates civil cause of action for misappropriation of likeness requiring proof of defendant's knowing use, appropriation to defendant's advantage, lack of plaintiff's consent, and injury to plaintiff.
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Provides civil remedies including actual damages, minimum of $750 or greater amount, defendant's profits from unauthorized use, punitive damages, and attorney's fees; treble damages available if plaintiff is member of Armed Forces.
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Establishes Class A misdemeanor criminal penalty for misappropriation of likeness violations and authorizes courts to issue injunctions and order seizure or destruction of unauthorized materials.
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Exempts from liability owners and employees of advertising media (newspapers, radio, television, billboards) unless they had knowledge of unauthorized use; also exempts news, public affairs, sports broadcasts, and political campaigns from requiring consent.
Legislative Description
Civil practice, misappropriation of likeness, statutory claim provided, civil remedies, criminal penalties provided
Civil Practice
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
3/19/2019