HB 1335 Summary

• Applies Indiana's rights of publicity law retroactively to causes of action commenced after June 30, 1994, regardless of when the cause of action arose, codifying common law existing before July 1, 1994.

• For personalities who died testate before July 1, 1994, deems publicity rights to be possessed by current holders of residuary beneficiary interests as if distributed according to the will; for those who died intestate before July 1, 1994, deems rights to be possessed as if the estate had been distributed under applicable law.

• Establishes that residuary clauses in testamentary instruments effectively transfer deceased personalities' publicity rights even without express transfer language.

• Makes publicity rights freely transferable and descendible through contract, license, gift, trust, testamentary document, or intestate succession, regardless of the deceased personality's domiciliary state.

• Creates an interim study committee on rights of publicity to examine issues related to personality domicile and residence, and whether other states recognize similar property rights; committee expires December 31, 2010.