§470.2. Definitions
As used in this Subpart, the following words and phrases shall have the following
meanings:
(1)"Access software provider" means a provider of software, including client or
server software, or enabling tools that do any one or more of the following:
(a)Filter, screen, allow, or disallow content.
(b)Pick, choose, analyze, or digest content.
(c)Transmit, receive, display, forward, cache, search, subset, organize, reorganize,
or translate content.
(2)"Authorized representative" means an assignee, licensee, executor, heir, legatee,
or other representative of an individual.
(3)"Commercial purposes" means the use of an individual's identity for any of the
following purposes:
(a)On or in connection with products, merchandise, goods, services, commercial
activities, or pe
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§470.2. Definitions
As used in this Subpart, the following words and phrases shall have the following
meanings:
(1) "Access software provider" means a provider of software, including client or
server software, or enabling tools that do any one or more of the following:
(a) Filter, screen, allow, or disallow content.
(b) Pick, choose, analyze, or digest content.
(c) Transmit, receive, display, forward, cache, search, subset, organize, reorganize,
or translate content.
(2) "Authorized representative" means an assignee, licensee, executor, heir, legatee,
or other representative of an individual.
(3) "Commercial purposes" means the use of an individual's identity for any of the
following purposes:
(a) On or in connection with products, merchandise, goods, services, commercial
activities, or performances.
(b) For advertising, soliciting, or promoting products, merchandise, goods, services,
commercial activities, or performances.
(c) For the purpose of fundraising.
(4) "Digital replica" means a computer-generated or electronic reproduction of a
professional performer's likeness or voice that is so realistic as to be indistinguishable from
the actual likeness or voice of the professional performer. "Digital replica" does not include
the making or duplication of another recording that consists entirely of an independent
fixation of other sounds, even though the sounds imitate or simulate the voice of the
professional performer.
(5) "Expressive work" means such work as a play, book, magazine, newspaper,
musical composition, audiovisual work, radio or television program, work of art, or a
dramatic, literary, or musical work, if it is fictional or nonfictional entertainment, a work of
political or newsworthy value, or an advertisement or commercial announcement for any of
these works.
(6) "Identity" means an individual's name, voice, signature, photograph, image,
likeness, or digital replica.
(7) "Individual" means a living natural person domiciled in Louisiana or a deceased
natural person who was domiciled in Louisiana at the time of the individual's death.
(8) "Information content provider" means any person or entity that is responsible, in
whole or in part, for the creation or development of information provided through the internet
or any other interactive computer service.
(9) "Interactive computer service" means any information service, system, or access
software provider that provides or enables computer access by multiple users to a computer
server, including specifically a service or system that provides access to the internet and such
systems operated or services offered by libraries or educational institutions.
(10) "Internet" means the international computer network of both federal and
nonfederal interoperable packet switched data networks.
(11) "Performance" means the use of a digital replica to substitute for a performance
by a professional performer in a work in which the professional performer did not actually
appear.
(12) "Professional performer" means an individual who, for gain or livelihood, is or
was regularly engaged in acting, singing, dancing, playing a musical instrument, or appearing
on a news broadcast as an anchor or reporter.