SB197 Alabama 2015 Session
Bill Summary
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.
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| May 12, 2015 | S | Assigned Act No. 2015-188. |
| May 12, 2015 | H | Signature Requested |
| May 12, 2015 | S | Enrolled |
| May 12, 2015 | S | Concurred in Conference Report |
| May 7, 2015 | H | Hill (M) motion to Concur In and Adopt adopted Roll Call 624 |
| May 7, 2015 | H | Conference Report Concurrence Requested |
| May 7, 2015 | S | Smitherman motion to Concur In and Adopt adopted Roll Call 897 |
| May 7, 2015 | S | Conference Committee on SB197 2015RS first Substitute Offered |
| May 7, 2015 | S | Conference Report |
| May 7, 2015 | S | Conference Committee Appointed |
| May 5, 2015 | H | Givan motion to Accede adopted Roll Call 581 House appoints Givan, Hill (M) and Hill (J) |
| May 5, 2015 | H | Conference Committee Requested |
| April 30, 2015 | S | Marsh motion to Non Concur and Appoint Conference Committee adopted Roll Call 625 P&PO appoints Waggoner, Reed and Smitherman |
| April 30, 2015 | S | Concurrence Requested |
| April 23, 2015 | H | Motion to Read a Third Time and Pass adopted Roll Call 499 |
| April 23, 2015 | H | Motion to Adopt adopted Roll Call 498 |
| April 23, 2015 | H | Givan Amendment Offered |
| April 23, 2015 | H | Givan motion to Table adopted Roll Call 497 |
| April 23, 2015 | H | JUDY 2nd Amendment Offered |
| April 23, 2015 | H | Motion to Adopt adopted Roll Call 496 |
| April 23, 2015 | H | JUDY 1st Amendment Offered |
| April 23, 2015 | H | Third Reading Passed |
| April 16, 2015 | H | Read for the second time and placed on the calendar 2 amendments |
| March 19, 2015 | H | Read for the first time and referred to the House of Representatives committee on Judiciary |
| March 19, 2015 | S | Engrossed |
| March 19, 2015 | S | Motion to Read a Third Time and Pass adopted Roll Call 191 |
| March 19, 2015 | S | Smitherman motion to Adopt adopted Roll Call 190 |
| March 19, 2015 | S | Judiciary Amendment Offered |
| March 19, 2015 | S | Third Reading Passed |
| March 18, 2015 | S | Read for the second time and placed on the calendar 1 amendment |
| March 10, 2015 | S | Read for the first time and referred to the Senate committee on Judiciary |
Bill Calendar
| Type | Date | Location | Description |
|---|---|---|---|
| Hearing | April 15, 2015 | Room 429 at 13:30 | House JUDY Hearing |
| Hearing | April 8, 2015 | Room 429 at 13:30 | House JUDY Public Hearing |
| Hearing | March 18, 2015 | Room 325 at 13:00 | Senate JUDY Hearing |
Bill Text
Bill Votes
Bill Documents
| Type | Link |
|---|---|
| Bill Text | SB197 Alabama 2015 Session - Enrolled |
| Bill Text | SB197 Alabama 2015 Session - Engrossed |
| Bill Text | SB197 Alabama 2015 Session - Introduced |