§ 32-36-1-1 — Application of chapter

Indiana § 32-36-1-1

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 36: PUBLICITY
• Ch. 1: Rights of Publicity

Text

(a) This chapter applies to an act or event that
occurs within Indiana, regardless of a personality's domicile, residence,
or citizenship.
(b) This chapter does not affect rights and privileges recognized
under any other law that apply to a news reporting or an entertainment
medium.
(c) This chapter does not apply to the following:
(1) The use of a personality's name, voice, signature, photograph,
image, likeness, distinctive appearance, gestures, or mannerisms
in any of the following:
(A) Literary works, theatrical works, musical compositions,
film, radio, or television programs.
(B) Material that has political or newsworthy value.
(C) Original works of fine art.
(D) Promotional material or an advertisement for a news
reporting or an entertainment medium that:
(i) uses all or part of a past edition of the medium's own
broadcast or publication; and
(ii) does not convey or reasonably suggest that a personality
endorses the news reporting or entertainment medium.
(E) An advertisement or commercial announcement for a use
described in this subdivision.
(2) The use of a personality's name to truthfully identify the
personality as:
(A) the author of a written work; or
(B) a performer of a recorded performance;
under circumstances in which the written work or recorded
performance is otherwise rightfully reproduced, exhibited, or
broadcast.
(3) The use of a personality's:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gestures; or
(I) mannerisms;
in connection with the broadcast or reporting of an event or a
topic of general or public interest.
(4) A personality whose:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gesture; or
(I) mannerisms;
have commercial value solely because the personality has been
formally charged with or convicted of a crime.
[Pre-2002 Recodification Citation: 32-13-1-1.]

Legislative History

As added by P.L.2-2002, SEC.21. Amended by P.L.149-2012, SEC.17.