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CA AB585
Bill
Status
5/17/2010
Primary Sponsor
Joel Anderson
Click for details
AI Summary
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Expands the definition of "deceased personality" to include any natural person whose name, voice, signature, photograph, or likeness has commercial value either at the time of death or because of death.
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Establishes liability for unauthorized use of a deceased personality's name, voice, signature, photograph, or likeness on products, merchandise, or in advertising, with damages of at least $750 or actual damages, plus profits and potential punitive damages.
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Provides that these rights are property rights that are freely transferable or inheritable through contracts, trusts, or testamentary instruments, with succession determined by surviving spouses, children, grandchildren, and parents.
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Requires registration of claims with the Secretary of State and limits lawsuits to 70 years after the deceased personality's death.
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Makes these protections retroactive to deceased personalities who died before January 1, 1985, with specific provisions for rights exercised prior to May 1, 2007.
Legislative Description
Deceased personalities.
Last Action
Chaptered by Secretary of State - Chapter 20, Statutes of 2010.
5/17/2010