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Current as of January 02, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-36-1-8 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-36-1-8.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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