SB197 Alabama 2015 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2015

Title

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

Summary

SB197 creates the Alabama Right of Publicity Act to protect a person’s identity (name, image, voice, etc.) for life plus 55 years after death, with liability for unauthorized use in commerce and potential damages.

What This Bill Does

It defines a legal right of publicity for living and deceased individuals, lasting for the person’s life plus 55 years after death and transferable to estates. It makes unauthorized use of a person’s indicia of identity in products, advertising, fundraising, or endorsements liable, regardless of profit. It provides defenses for fair use in news, public affairs, artistic works, and other public-interest contexts, while outlining damages and relief, including statutory damages, actual damages, injunctive relief, and potential punitive damages, along with a two-year statute of limitations and discovery allowances.

Who It Affects

• Living individuals and their estates, who gain a transferable right of publicity that lasts their lifetime plus 55 years after death.
• Businesses, advertisers, media, and others who would use a person’s name, image, voice, or other identifying attributes in commerce or promotion, who could be held liable without consent.

Key Provisions

• Indicia of identity includes name, signature, photograph, image, likeness, voice, or substantially similar imitation.
• Right of publicity lasts for the life of the person and 55 years after death; it is transferable and descendible, and owned by the decedent’s estate unless transferred.
• Using a person’s indicia of identity in commerce or for advertising, selling, fund-raising, or false endorsement without consent is liable under the act.
• Liability applies whether or not the use is for profit; consent or authorization is a defense only in certain circumstances.
• Fair use defenses exist for news, public affairs, public interest accounts, political speech, live broadcasts of events, sports highlights, and artistic works, with rules clarifying when such uses are not fair use (e.g., direct commercial use to advertise a product).
• Commercial use of indicia in media is not a violation if authorized for sponsorship or paid advertising; resale of authorized products is not liability under this act.
• Unauthorized use to imply endorsement of a political candidate is a violation.
• Damages include statutory damages of $5,000 per action or actual damages (plus the defendant’s profits) with an election timing requirement, and other damages available under Alabama law (including punitive damages).
• Injunctive relief is presumed when a right of publicity is violated.
• Actions must be filed within two years from the incident, with a six-month discovery extension and a maximum of four years from the incident.

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