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CA AB2480
Bill
Status
2/19/2010
Primary Sponsor
Karen Bass
Click for details
AI Summary
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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)
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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
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Clarifies that the exemption for commercial media with paid advertising does not apply to photographs or likenesses of minors used for commercial purposes
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Requires proof of only gross revenue by injured parties; defendants must prove their deductible business expenses to reduce liability
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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