13-3726

13-3726. Unauthorized use of the name,
portrait or picture of a deceased soldier; civil action;
exceptions; classification; definition

A. A person shall not knowingly use the name, portrait or picture of a deceased
soldier for the purpose of advertising for the sale of any goods, wares or merchandise or
for the solicitation of patronage for any business without having obtained prior consent
to the use by the soldier or by the soldier's spouse, immediate family member, trustee if
the soldier is a minor or legally designated representative.

B. Any person who is injured by the use of the name, portrait or picture of a
deceased soldier in violation of subsection A of this section may bring a civil action
against the person who committed the violation pursuant to section 12-761.

C. This section does not apply to the following:

1. The use of a soldier's name, portrait or picture in an attempt to portray,
describe or impersonate that soldier in a live performance, a single and original work of
fine art, a play, book, article, musical work or film or on radio, television or other
audio or audiovisual work if the performance, musical work, play, book, article or film
does not itself constitute a commercial advertisement for any goods, wares or
merchandise.

2. The use of a soldier's name, portrait or picture for noncommercial purposes,
including any news, public affairs or sports broadcast or account.

3. The use of a soldier's name in truthfully identifying the soldier as the author
of a particular work or program or as the performer in a particular performance.

4. Any promotional materials, advertisements or commercial announcements for a use
described in paragraph 1, 2 or 3.

5. The use of photographs, video recordings and images by a person, firm or
corporation practicing the profession of photography to exhibit, in or about the
professional photographer's place of business or portfolio, specimens of the professional
photographer's work, unless the exhibition is continued by the professional photographer
after written notice objecting to the exhibition by the portrayed soldier or a person who
may enforce the soldier's rights and remedies.

6. A soldier's picture or portrait that is not facially identifiable.

7. A photograph of a monument or a memorial that is placed on any goods, wares or
merchandise.

D. A person who violates this section is guilty of a class 1 misdemeanor.

E. For the purposes of this section, "soldier" means any active duty member or
former member of the armed forces of the United States, including any member who was
killed in the line of duty.