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Ind. Code § 32-36-1-8

Consent required for commercial use of a personality's right of publicity; application to the rights of a deceased personality

Applied in 6 court decisions — leading case Daniels v. Fanduel, Inc. (2018)

Most recently applied in Larry Warren v. State of Indiana (March 2019)

As added by P.L.2-2002, SEC.21

How often courts cite this section

20082010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 8. (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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.