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AL HB179

Bill

Status

Introduced

3/19/2019

Primary Sponsor

Proncey Robertson

Click for details

Origin

House of Representatives

Regular Session 2019

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/19/2019

Full Bill Text

No bill text available