HB181 Alabama 2015 Session

Alabama has long recognized a common law right of publicity or the ability to exercise appropriate commercial control over one's name or likeness as a component of the tort of invasion of privacy

This bill would create the Alabama Right of Publicity Act

This bill would statutorily define this right, the elements and scope of liability for its infringement, define the remedies available, and set forth defenses

This bill would provide that there is a right of publicity in any indicia of identity of every person which endures for the life of the person and for 55 years after death, the right being freely transferable and descendible

This bill would further provide for liability for persons who wrongfully use another person's indicia of identity whether or not for profit

This bill would provide for defenses from liability under certain circumstances

This bill would provide that a person who establishes by substantial evidence that his or her right of publicity has been violated would be entitled to statutory damages in the amount of $5,000, or actual damages at his or her election, and any other damages available under law

To create the Alabama Right of Publicity Act; to statutorily define the right, the elements and scope of liability for its infringement, define the remedies available, and set forth defenses; to provide that there is a right of publicity in any indicia of identity of every person which endures for the life of the person and for 55 years after death; to provide that the right is freely transferable and descendible; to further provide for liability for persons who wrongfully use another person's indicia of identity whether or not for profit; to provide for defenses from liability under certain circumstances; and to provide that a person who establishes by substantial evidence that his or her right of publicity has been violated would be entitled to statutory damages in the amount of $5,000, or actual damages at his or her election, and any other damages available under law.