§ 32-36-1-8 — Consent required for commercial use of a personality's right of publicity; application to the rights of a deceased personality

(a) A person may not use an aspect of a
personality's right of publicity for a commercial purpose during the
personality's lifetime or for one hundred (100) years after the date of
the personality's death without having obtained previous written
consent from a person specified in section 17 of this chapter. If a
personality is deceased, the following apply to the rights described in
this subsection:
(1) The rights apply to the personality whether the personality
died before, on, or after July 1, 1994.
(2) If the personality died before July 1, 1994, the rights are
considered to have existed on and after the date the personality
died.
(3) Consistent with section 1(a) of this chapter, a claim for a
violation of a personality's right of publicity may not be asserted
under this chapter unless the alleged act or event of violation
occurs within Indiana.
(4) A claim for a violation of a personality's right of publicity may
not be asserted under this chapter unless the alleged act or event
of violation occurs after June 30, 1994.
(b) A written consent solicited or negotiated by an athlete agent (as
defined in IC 25-5.2-1-2) from a student athlete (as defined in IC 25-5.2-1-2) is void if the athlete agent obtained the consent as the result
of an agency contract that:
(1) was void under IC 25-5.2-2-2 or under the law of the state
where the agency contract was entered into; or
(2) was voided by the student athlete, or, if the student athlete is
a minor, by the parent or guardian of the student athlete, under IC 25-5.2-2-8 or a similar law in the state where the agency contract
was entered into.
[Pre-2002 Recodification Citation: 32-13-1-8.]

Legislative History

As added by P.L.2-2002, SEC.21. Amended by P.L.149-2012, SEC.18; P.L.158-2013, SEC.336; P.L.95-2019, SEC.10.