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.
Assigned Act No. 2015-188.
Signature Requested
Enrolled
Concurred in Conference Report
Hill (M) motion to Concur In and Adopt adopted Roll Call 624
Conference Report Concurrence Requested
Smitherman motion to Concur In and Adopt adopted Roll Call 897
Conference Committee on SB197 2015RS first Substitute Offered
Conference Report
Conference Committee Appointed
Givan motion to Accede adopted Roll Call 581 House appoints Givan, Hill (M) and Hill (J)
Conference Committee Requested
Marsh motion to Non Concur and Appoint Conference Committee adopted Roll Call 625 P&PO appoints Waggoner, Reed and Smitherman
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 499
Motion to Adopt adopted Roll Call 498
Givan Amendment Offered
Givan motion to Table adopted Roll Call 497
JUDY 2nd Amendment Offered
Motion to Adopt adopted Roll Call 496
JUDY 1st Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 2 amendments
Read for the first time and referred to the House of Representatives committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 191
Smitherman motion to Adopt adopted Roll Call 190
Judiciary Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the Senate committee on Judiciary
Source: Alabama Legislature