Citations Affected: IC 32-36; noncode.
Synopsis: Rights of publicity. Provides that, for purposes of the law
concerning rights of publicity: (1) to codify the common law in
existence before July 1, 1994, the law applies to a cause of action
commenced after June 30, 1994, regardless of when the cause of action
arose; (2) if a personality died testate before July 1, 1994, the rights
recognized under the law are deemed to be in the possession of the
current holder of the interests of the beneficiary of the residuary clause
of the testamentary instrument as if the rights had been distributed
according to the testamentary instrument and transferred according to
the rights of publicity and, if a personality died intestate before July 1,
1994, the rights recognized under the law are deemed to be in the
possession of the current holder of the interests as if the estate had been
distributed according to the law where the estate was probated and
transferred according to the rights of publicity; and (3) if a testamentary
instrument does not contain an express transfer of the deceased
personality's rights of publicity, a provision in the testamentary
instrument that provides for the disposition of the residue of the
deceased personality's assets is effective to transfer the rights
recognized under the law in accordance with the terms of the provision.
Makes other changes concerning the transferability and descendibility
of rights of publicity. Establishes the interim study committee on rights
of publicity to study issues related to the law concerning rights of
publicity, including issues related to a personality's domicile and
residence.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Courts and Criminal Code.
January 28, 2010, amended, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
in any of the following:
(A) Literary works, theatrical works, musical compositions,
film, radio, or television programs.
(B) Material that has political or newsworthy value.
(C) Original works of fine art.
(D) Promotional material or an advertisement for a news
reporting or an entertainment medium that:
(i) uses all or part of a past edition of the medium's own
broadcast or publication; and
(ii) does not convey or reasonably suggest that a personality
endorses the news reporting or entertainment medium.
(E) An advertisement or commercial announcement for a use
described in this subdivision.
(2) The use of a personality's name to truthfully identify the
personality as:
(A) the author of a written work; or
(B) a performer of a recorded performance;
under circumstances in which the written work or recorded
performance is otherwise rightfully reproduced, exhibited, or
broadcast.
(3) The use of a personality's:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gestures; or
(I) mannerisms;
in connection with the broadcast or reporting of an event or a
topic of general or public interest.
state administering the estate and property of an intestate
deceased personality, regardless of whether the deceased
personality's domiciliary state recognizes the property rights set
forth under this chapter.
(b) If a personality died:
(1) testate before July 1, 1994, the rights recognized under this
chapter are deemed to be in the possession of the current
holder of the interests of the beneficiary of the residuary
clause of the testamentary instrument as if the rights had
been:
(A) distributed according to the testamentary instrument;
and
(B) transferred according to this section; and
(2) intestate before July 1, 1994, the rights recognized under
this chapter are deemed to be in the possession of the current
holder of the interests as if the estate had been:
(A) distributed according to the law where the estate was
probated; and
(B) transferred according to this section.
(c) If a testamentary instrument does not contain an express
transfer of a deceased personality's rights of publicity, a provision
in the testamentary instrument that provides for the disposition of
the residue of the deceased personality's assets is effective to
transfer the rights recognized under this chapter in accordance
with the terms of the provision.
(d) The rights recognized by this section are expressly made
retroactive, including to those deceased personalities who died
before July 2, 1994, regardless of whether the transfer was made
by:
(1) intestate succession before July 2, 1994; or
(2) contract, license, gift, trust, or other testamentary
instrument executed before July 2, 1994.
(e) The rights established by this section are freely transferable
or descendible by contract, license, gift, trust, or any other
testamentary instrument by any subsequent owner of the deceased
personality's rights as recognized by this section. Nothing in this
section may be construed to make a contract:
(1) entered into by a deceased personality during the
personality's lifetime; and
(2) by which the deceased personality assigned the rights, in
whole or in part, to use the personality's name, voice,
signature, photograph, or likeness;
invalid or unenforceable, regardless of whether the contract was
entered into before, on, or after July 1, 1994.