January 25, 2012





HOUSE BILL No. 1133

_____


DIGEST OF HB 1133 (Updated January 23, 2012 1:34 pm - DI 107)



Citations Affected: IC 32-36.

Synopsis: Rights of publicity. Provides that a deceased personality's rights of publicity: (1) apply to the personality whether the personality died before, on, or after July 1, 1994 (the original effective date of the rights of publicity law); and (2) if the personality died before July 1, 1994, are considered to have existed on and after the date the personality died. Provides that a personality does not have rights of publicity if the personality has commercial value solely because the personality has been charged with or convicted of a crime.

Effective: July 1, 2012.





Eberhart, Foley




    January 9, 2012, read first time and referred to Committee on Judiciary.
    January 25, 2012, amended, reported _ Do Pass.






January 25, 2012

Second Regular Session 117th General Assembly (2012)


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 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1133



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

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-36-1-1; (12)HB1133.1.1. -->     SECTION 1. IC 32-36-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) 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.
         (4) A personality whose:
            (A) name;
            (B) voice;
            (C) signature;
            (D) photograph;
            (E) image;
            (F) likeness;
            (G) distinctive appearance;
            (H) gesture; or
            (I) mannerisms;
        has commercial value solely because the personality has been formally charged with or convicted of a crime.

SOURCE: IC 32-36-1-8; (12)HB1133.1.2. -->     SECTION 2. IC 32-36-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A person may not use an aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for one hundred (100) years after the date of the personality's death without having obtained

previous written consent from a person specified in section 17 of this chapter. If a personality is deceased, the rights described in this subsection:
        (1) apply to the personality whether the personality died before, on, or after July 1, 1994; and
        (2) if the personality died before July 1, 1994, are considered to have existed on and after the date the personality died.

    (b) A written consent solicited or negotiated by an athlete agent (as defined in IC 25-5.2-1-2) from a student athlete (as defined in IC 25-5.2-1-2) is void if the athlete agent obtained the consent as the result of an agency contract that:
        (1) was void under IC 25-5.2-2-2 or under the law of the state where the agency contract was entered into;
        (2) was voided by the student athlete under IC 25-5.2-2-8 or a similar law in the state where the agency contract was entered into; or
        (3) was entered into without the notice required under IC 35-46-4-4 or a similar law in the state where the agency contract was entered into.
    (c) A written consent for an endorsement contract (as defined in IC 35-46-4-1.5) is void if notice is not given as required by IC 35-46-4-4 or a similar law in the state where the endorsement contract is entered into.