House Sponsors: TURNER,ART. Senate Sponsors: HAWKINSON-TROTTER Short description: RIGHT OF PUBLICITY-COMMERCIALS Synopsis of Bill as introduced: Creates the Right of Publicity Act with the short title as the only provision. STATE MANDATES FISCAL NOTE HB1422 fails to create a State mandate. HOUSE AMENDMENT NO. 1. Creates the Right of Publicity Act. Recognizes the right to control and to choose whether and how to use an individual's identity for commercial purposes. Provides that the right is transferable and divisible and provides for the enforcement, termination, and application of the right. Provides for the remedy of injunctive relief. Provides that a person who violates the Act is liable for the greater of either actual damages and profits derived from the violation or $1,000. Provides that after the effective date of the Act, the provisions supplant the publicity rights and remedies available under the common law. SENATE AMENDMENT NO. 2. Deletes everything. Restores the provisions of the engrossed bill. Provides that "identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener. Provides that the right is transferable and divisible and provides for the enforcement, termination, and application of the right. Provides that the right of transferability includes to any person by will or trust or by intestate succession to an individual's spouse, parents, children, and grandchildren and that the right terminates if the individual has not transferred the right in writing and has no living spouse, parents, children, or grandchildren. Provides for the remedy of injunctive relief. Provides that the Act does not apply to attempts to portray, describe, or impersonate the individual, provided that the performance, work, play, book, article, or film is not a commercial advertisement. Provides that a person who violates the Act is liable for the greater of either actual damages and profits derived from the violation or $1,000. Provides that after the effective date of the Act, the provisions supplant the publicity rights and remedies available under the common law. Provides that except for the common law right of publicity, the rights and remedies provided under this Act are supplemental to any other rights and remedies provided by law, including, but not limited to, the common law right of privacy. Last action on Bill: PUBLIC ACT.............................. 90-0747 Last action date: 98-08-14 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1 END OF INQUIRY Full Text Bill Status