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CA AB2480

Bill

Status

Introduced

2/19/2010

Primary Sponsor

Karen Bass

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • Amends Civil Code Section 3344 to expand liability for unauthorized use of a minor's photograph or likeness for commercial purposes, as defined in Section 1708.8(k)

  • Establishes minimum liability of $750 or actual damages (whichever is greater), plus all profits from unauthorized use, punitive damages, and attorney's fees and costs

  • Clarifies that the exemption for commercial media with paid advertising does not apply to photographs or likenesses of minors used for commercial purposes

  • Requires proof of only gross revenue by injured parties; defendants must prove their deductible business expenses to reduce liability

  • Defines "photograph" to include still images, moving pictures, videotape, and live television transmissions where the person is readily identifiable

Legislative Description

Privacy: commercial use of minor's photograph.

Last Action

In committee: Set, second hearing. Hearing canceled at the request of author.

5/4/2010

Committee Referrals

Judiciary3/11/2010

Full Bill Text

No bill text available