[§482P-8]  Procedure for identifying
transferees, licensees, or assignees; requirement to seek damages or relief.  (a) 
An assignee or transferee of publicity rights shall have the right to make a
publicity rights trade name registration.  To obtain the benefit of the
protection of this section, the assignee or transferee shall keep the publicity
rights trade name registration in force and shall diligently maintain the
accuracy of the information in the publicity rights trade name registration.



(b)  Publicity rights of a deceased person that
were not previously assigned or transferred shall be part of the deceased
person's estate and shall be administered by the personal representative of the
deceased person as personal property of the deceased person.  On or before
closing of probate of a deceased person's estate, the publicity rights of the
deceased person shall vest in the transferees of the personal property of the
estate in conformity with the deceased person's will or probate order.  If
publicity rights are not expressly addressed by the terms of the will or a
probate order, and if a publicity rights trade name registration is not in
effect at the time of the relevant assignment or license, after probate closes,
any one of the transferees of the personal property of the deceased person's
estate shall have the right to assign or license the publicity rights of the
deceased person, and a valid license from any of the transferees of the
personal property of the deceased person's estate shall constitute a complete
defense to any infringement action under this section.



(c)  Any person seeking to license publicity
rights from a living person shall have the right to presume that a living
individual or personality has the right to assign or license the individual's
or personality's publicity rights unless there is a publicity rights trade name
registration for that individual or personality.  If there is a publicity
rights trade name registration for that individual or personality, the person
seeking to license publicity rights shall inform the living person in writing
that an assignment or license shall be sought from the holder of the publicity
rights trade name registration before entering into the assignment or license.



(d)  If there is a publicity rights trade name
registration for a given individual or personality, any person seeking to
license publicity rights for that individual or personality shall have the
right to presume that the holder of the publicity rights trade name
registration has the right to assign or license the individual's or
personality's publicity rights and a valid license from the registered holder
of the publicity rights trade name registration shall constitute a complete
defense to any infringement action under this section.



(e)  A person commits an offense if the person
signs, manually or via electronic means, a document the person knows is false
in any material respect with the intent that the document be delivered or
transmitted to the director of commerce and consumer affairs in connection with
a publicity rights trade name registration under this section.  An offense
under this subsection shall be a class C felony and may carry a fine not to
exceed $10,000.



(f)  A person commits a misdemeanor if the
person negligently and without intent to defraud signs, manually or via
electronic means, a document that is false in any material respect with intent
that the document be delivered or transmitted to the director of commerce and
consumer affairs in connection with a publicity rights trade name registration
under this section.  Commission of a misdemeanor under this subsection may
carry a fine not to exceed $2,000.



(g)  Any person who knowingly makes a false or fraudulent
representation or declaration in connection with a publicity rights
trade name registration pursuant to this section
shall be liable for all damages sustained as a result of the false or
fraudulent publicity rights trade name registration as determined by a court of
competent jurisdiction. [L Sp 2009, c 28, pt of §2]