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CA AB585

Bill

Status

Passed

5/17/2010

Primary Sponsor

Joel Anderson

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Requires registration of claims with the Secretary of State and limits lawsuits to 70 years after the deceased personality's death.

  • 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

Committee Referrals

Judiciary4/30/2009
Rules4/20/2009
Judiciary3/12/2009

Full Bill Text

No bill text available