HB181 Alabama 2015 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2015

Title

Right of Publicity Act, elements and scope of liability for infringement period, extent of right provided, defenses, and damages specified

Summary

HB181 would create a statutory Alabama Right of Publicity Act to protect a person’s name, likeness, and other identifiers for life plus 55 years after death, with defined liability, damages, and defenses.

What This Bill Does

It establishes a legal right to one's indicia of identity (like name, image, signature, likeness, and voice) that lasts for the person’s life and 55 years after death and is transferable. It makes it illegal to use someone’s indicia of identity in products, advertising, fundraising, or endorsements without consent, even if not for profit. It provides damages options (statutory $5,000 per case or actual/compensatory damages), potential punitive damages, and injunctive relief, while allowing defenses and clarifications regarding First Amendment rights and resale of authorized products.

Who It Affects

• Living individuals and the estates of deceased individuals who hold rights to indicia of identity; their rights endure for life plus 55 years after death and can be transferred or descend to heirs.
• Businesses, advertisers, and other entities that use someone’s indicia of identity in commerce or promotions; they would need consent or face liability for damages and injunctions.

Key Provisions

• Creates the Alabama Right of Publicity Act and defines terms like 'indicia of identity' (name, signature, photograph, image, likeness, voice, etc.) and 'right of publicity'.
• Right of publicity lasts for the life of the person and 55 years after death; the right is transferable and descendible and may be owned by the estate.
• Liability applies to uses of indicia of identity in commerce, advertising, fundraising, or false endorsement without consent, regardless of profit.
• Defenses from liability are provided under certain circumstances; First Amendment protections are acknowledged.
• Damages: statutory $5,000 per case or actual/compensatory damages plus other damages; plaintiff elects between statutory or actual damages; punitive damages may be available.
• Injunctive relief is available for violations; the act recognizes irreparable harm.
• Limitations: actions must be filed within two years of the act/omission; discovery rule allows up to six months after discovery; no more than four years after the act/omission.
• Resale of legally obtained products containing indicia of identity is not liable under this act.
• Effective date: becomes law on the first day of the third month after passage and governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Actions