§ 47-25-1104 — Exclusivity and duration of right

Tennessee § 47-25-1104

• Jurisdiction: Tennessee
• Title: 47

Text

(a) The rights provided for in this part shall be deemed exclusive to the individual, subject to the assignment or licensing of such rights as provided in § 47-25-1103 , during such individual's lifetime and to the executors, heirs, assigns, or devisees for a period of ten (10) years after the death of the individual. (b) (1) Commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased shall maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in this subsection (b). (2) (A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death. (B) For purposes of subdivision (b)(2)(A), "use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.

Legislative History

Amended by 2024 Tenn. Acts, ch. 588,s 5, eff. 7/1/2024. Acts 1984, ch. 945, § 4.