HB179 Alabama 2019 Session

Summary

Primary Sponsor

Proncey Robertson

Republican

Session

Regular Session 2019

Title

Civil practice, misappropriation of likeness, statutory claim provided, civil remedies, criminal penalties provided

Summary

HB 179 would create a statutory right to sue for misappropriation of a person's likeness, granting lifetime and posthumous rights with civil damages and criminal penalties.

What This Bill Does

It establishes a new legal claim for misusing someone's name, voice, signature, or photograph for commercial benefit. The right lasts during the person’s life and for 20 years after death, with a process to terminate the right. It provides civil remedies (damages, profits, punitive damages, attorney’s fees) and a Class A misdemeanor criminal penalty for violations. It also sets sue-eligibility rules and includes exemptions for incidental use and for certain news, public affairs, sports, or political campaign uses.

Who It Affects

• Living individuals: gain a property right in the use of their likeness during life and may sue for unauthorized use; the right lasts for life and 20 years after death.
• Estates, executors, heirs, or assigns of deceased individuals: hold and license the rights during the 20-year post-death period and manage termination rules tied to non-use.
• Businesses, advertisers, event organizers, and media publishers: would need consent to use someone’s likeness; could owe civil damages, profits, punitive damages, and attorney’s fees, and could face criminal penalties for misusing a likeness.
• Media owners or employees: generally not liable for certain uses in news/public affairs or sports broadcasts; may have defenses in advertising contexts if they did not know of the unauthorized use.

Key Provisions

• Establishes a statutory right to misappropriation of likeness and defines key terms (definable group, individual, likeness, photograph, etc.).
• Creates a cause of action requiring proof of knowing use, appropriation for the defendant's advantage, lack of consent, and injury.
• Civil damages framework: allows damages, the greater of $750 or actual damages plus defendant's attributable profits, potential punitive damages, and attorney's fees to the prevailing party; armed forces members may recover three times the amount.
• Defines exemptions and defenses: incidental use creates a rebuttable presumption against knowing use; uses in news/public affairs, sports broadcasts, or political campaigns do not require consent; media owners/employees have certain defenses regarding advertising if they did not know of the unauthorized use.
• Enforcement provisions: courts may enjoin unauthorized use, seize or impound materials, and order destruction or disposition of materials; remedies are cumulative.
• Criminal penalties: misappropriation is a Class A misdemeanor.
• Rights and termination: the right is assignable/licensable and does not expire on death; passes to executors/heirs for 20 years after death; exclusive right to commercial use terminates after two years of non-use following the 20-year post-death period.
• Local funds and constitutional note: bill is exempt from certain local-funds voting requirements because it creates a new crime or changes an existing one; becomes effective immediately upon 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 Practice