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HOUSE BILL No. 1335

Citations Affected: IC 32-36-1.

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, 1993, the law applies to a cause of action commenced after June 30, 1993, regardless of when the cause of action arose; (2) the law applies to a personality regardless of the personality's domicile or domicile at the time of the personality's death and regardless of whether at any time, including at the time of a personality's death, the law of the personality's domicile, personality's residence, or state where the personality is a citizen recognizes similar or identical rights of publicity; (3) if a personality died testate before July 1, 1993, 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, 1993, 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 (4) 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.

Effective: July 1, 2010.

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Bardon

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    January 13, 2010, read first time and referred to Committee on Courts and Criminal Code.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning property.

SOURCE: IC 32-36-1-1; (10)IN1335.1.1. -->     SECTION 1. IC 32-36-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) This chapter applies as follows:
        (1) To codify the common law in existence before July 1, 1993, this chapter applies to a cause of action commenced after June 30, 1993, regardless of when the cause of action arose. To this extent, this chapter applies retroactively, but in all other respects this chapter applies prospectively.
        (2) This chapter applies to a personality regardless of:
            (A) the personality's:
                (i) domicile; or
                (ii) domicile at the time of the personality's death; and
            (B) whether at any time, including at the time of a personality's death, the law of the:
                (i) personality's domicile;
                (ii) personality's residence; or
                (iii) state where the personality is a citizen;

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            recognizes property rights that are similar or identical to the property rights recognized under this chapter.
        (3) This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.
    (b) This chapter does not affect rights and privileges recognized under any other law that apply to a news reporting or an entertainment medium.
    (c) This chapter does not apply to the following:
        (1) The use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms 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.

SOURCE: IC 32-36-1-16; (10)IN1335.1.2. -->     SECTION 2. IC 32-36-1-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 16. (a) The rights recognized under this chapter are property rights, freely transferable and descendible, in whole or in part, by the following:
        (1) Contract.
        (2) License.
        (3) Gift.
        (4) Trust.
        (5) Testamentary document.
        (6) Operation of the laws of intestate succession applicable to the 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, 1993, 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, 1993, 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, 1993, regardless of whether the transfer was made by:
        (1) intestate succession before July 2, 1993; or
        (2) contract, license, gift, trust, or other testamentary

instrument executed before July 2, 1993.
    (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, 1993.