Use of Another’s Name, Voice, Signature, Photograph, or Likeness in and for Commerce or Commercial Gain
(a) Any person or entity who uses another’s name, voice, signature, photograph, or likeness, without authorization, to influence the behavior of said another or any person, or to suffer the commercial loss of said another, shall be liable for any damages sustained by the person or
persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such profits, the injured party or parties are required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.
(b) As used in section (a), “likeness” shall include but not be limited to a digital or a derived model of said another such that the person is readily identifiable. The “digital or derived model” shall be formed, calculated, deduced or learned by or in the non-human machine (including Artificial Intelligence or equivalent) in part or in the entirety, or derived, from private or public data, (including digitally quantified data and non-digital data) associated with said another person, and usable to predict the behavior of said another, or to derive or be modifiable to provide work-product substantially equivalent to the corresponding work product of said another. Furthermore:
- A person shall be deemed to be readily identifiable from the digital or derived model when one who views the representations derived from the digital or derived model can reasonably determine that the person depicted in the digital or derived model is the same
person who is complaining of its unauthorized use. - The rights to any “likeness” of said another and use thereof except a likeness formed by a further person from direct human interaction with said another, shall be exclusively owned by that said another and is inalienable therefrom, and no grant of license for exclusive rights shall be allowed for any such likenesses.
- If the digital or derived model includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals, rather than solely as members of a definable group represented in the digital or derived model. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a political event.
(c) As used in section (a), “influence behavior” shall include but not be limited to inducement to act, and inducement to withhold from acting, by said “another”.
(d) As used in section (a), “commercial loss” shall include, but not be limited to loss or limitation of employment with substitution of work product based on or derived from the “likeness”.
(e) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such profits, the injured party or parties are required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.
(f) As used in section (e), “photograph” means any photograph or photographic reproduction, still or moving, or storable in any electronic format or transmissible by any electronic media, of any person, such that the person is readily identifiable, wherein:
- A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
- If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals, rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.
- A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.