[§482P-7]  Exemptions from use restrictions;
when chapter does not apply.  (a)  For purposes of section 482P-5, the use
of a name, voice, signature, or likeness in connection with matters of
cultural, historical, political, religious, educational, newsworthy, or public
interest, including without limitation, comment, criticism, satire, and parody
relating thereto, shall not constitute a use for which consent is required
under this chapter.  A matter exempt from the requirement of advance consent
under this subsection does not cease to be exempt if it appears in the form of
a paid advertisement and the principal purpose of the advertisement is to
comment on the matter.



(b)  This chapter shall not apply to the use or
authorization for use of an individual's or personality's name, voice,
signature, or likeness, in, or to display, any of the following:



(1)  Single and original works of fine art, including
but not limited to photographic, graphic, and sculptural works of art that are
not published in more than five copies;



(2)  A literary work, theatrical work, musical
composition, sound recording, radio program, motion picture, television program
or other audiovisual work, magazine article, news story, public affairs report,
or sports broadcast or account, or materials related to a political campaign,
when the use does not inaccurately claim or state an endorsement by the
individual or personality;



(3)  An advertisement or commercial announcement for a
use permitted by subsection (a) or (g) or paragraph (1) or (2);



(4)  An advertisement, commercial announcement, or
packaging for the sale, distribution, broadcast, performance, or display of a
literary, musical, cinematographic, or other artistic work, or the recording or
copy thereof, using the name, voice, signature, or likeness of the writer,
author, composer, director, actor, or artist who created the work, where the
individual or personality has expressly or impliedly consented to the use of
the individual's or personality's name, voice, signature, or likeness on or in
connection with the initial or any subsequent sale, distribution, performance,
or display thereof; and



(5)  The advertisement or sale of a rare or fine
product, including but not limited to books, which incorporates an original
signature of the author.



(c)  It shall not constitute a defense to an
infringement action under this chapter that the use of an individual's or
personality's name, voice, signature, or likeness includes more than one
individual or personality.



(d)  Section 482P-5 shall not apply to the
owners or employees of any medium used for advertising, including but not
limited to newspapers, magazines, radio and television stations, online service
providers, billboards or other devices, who, without prior notice that the use
would constitute an infringement under this chapter, have published or
disseminated any advertisement or solicitation that would constitute an
infringement under this chapter, unless the infringement was part of an
advertisement or solicitation promoting the services of the advertising medium
itself.



(e)  This chapter shall not apply to a use or
authorization for use of an individual's or personality's name that is merely
descriptive and used fairly and in good faith only to identify or describe
something other than the individual or personality, such as, without
limitation, to describe or identify a place, a legacy, a style, a theory, an
ownership interest, or a party to a transaction, or to accurately describe the
goods or services of a party.



(f)  This chapter shall not apply to the use of
an individual's or personality's name, voice, signature, or likeness when the
use of the individual's or personality's name, voice, signature, or likeness is
an insignificant, de minimis, or incidental use.



(g)  This chapter shall not apply to the
distribution, promotion, transfer, or license of a photograph or other material
containing an individual's or personality's name, voice, signature, photograph,
or likeness to a third party for use in a manner which is lawful under this
chapter, or to a third party for further distribution, promotion, transfer, or
license for use in a manner which is lawful under this chapter. [L Sp 2009, c
28, pt of §2]