IC 32-36-1-1 Application of chapter
Sec. 1. (a) This chapter applies to an act or event that occurs
within Indiana, regardless of a personality's domicile, residence, or
citizenship.
(b) This chapter does not affect rights and privileges recognized
under any other law that apply to a news reporting or an
entertainment medium.
(c) This chapter does not apply to the following:
(1) The use of a personality's name, voice, signature,
photograph, image, likeness, distinctive appearance, gestures,
or mannerisms in any of the following:
(A) Literary works, theatrical works, musical compositions,
film, radio, or television programs.
(B) Material that has political or newsworthy value.
(C) Original works of fine art.
(D) Promotional material or an advertisement for a news
reporting or an entertainment medium that:
(i) uses all or part of a past edition of the medium's own
broadcast or publication; and
(ii) does not convey or reasonably suggest that a
personality endorses the news reporting or entertainment
medium.
(E) An advertisement or commercial announcement for a use
described in this subdivision.
(2) The use of a personality's name to truthfully identify the
personality as:
(A) the author of a written work; or
(B) a performer of a recorded performance;
under circumstances in which the written work or recorded
performance is otherwise rightfully reproduced, exhibited, or
broadcast.
(3) The use of a personality's:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gestures; or
(I) mannerisms;
in connection with the broadcast or reporting of an event or a
topic of general or public interest. As added by P.L.2-2002, SEC.21.
IC 32-36-1-2 "Commercial purpose" defined
Sec. 2. As used in this chapter, "commercial purpose" means the
use of an aspect of a personality's right of publicity as follows:
(1) On or in connection with a product, merchandise, goods,
services, or commercial activities.
(2) For advertising or soliciting purchases of products,
merchandise, goods, services, or for promoting commercial
activities.
(3) For the purpose of fundraising. As added by P.L.2-2002, SEC.21.
IC 32-36-1-3 "Name" defined
Sec. 3. As used in this chapter, "name" means the actual or
assumed name of a living or deceased natural person that is intended
to identify the person. As added by P.L.2-2002, SEC.21.
IC 32-36-1-4 "News reporting or an entertainment medium" defined
Sec. 4. As used in this chapter, "news reporting or an
entertainment medium" means a medium that publishes, broadcasts,
or disseminates advertising in the normal course of its business,
including the following:
(1) Newspapers.
(2) Magazines.
(3) Radio and television networks and stations.
(4) Cable television systems. As added by P.L.2-2002, SEC.21.
IC 32-36-1-5 "Person" defined
Sec. 5. As used in this chapter, "person" means a natural person,
a partnership, a firm, a corporation, or an unincorporated association. As added by P.L.2-2002, SEC.21.
IC 32-36-1-6 "Personality" defined
Sec. 6. As used in this chapter, "personality" means a living or
deceased natural person whose:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gesture; or
(9) mannerisms;
has commercial value, whether or not the person uses or authorizes
the use of the person's rights of publicity for a commercial purpose
during the person's lifetime. As added by P.L.2-2002, SEC.21.
IC 32-36-1-7 "Right of publicity" defined
Sec. 7. As used in this chapter, "right of publicity" means a
personality's property interest in the personality's:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gestures; or
(9) mannerisms. As added by P.L.2-2002, SEC.21.
IC 32-36-1-8 Consent to commercial purpose use of personality's right of
publicity; duration of right
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.
(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;
(2) was voided by the student athlete under IC 25-5.2-2-8 or a
similar law in the state where the agency contract was entered
into; or
(3) was entered into without the notice required under
IC 35-46-4-4 or a similar law in the state where the agency
contract was entered into.
(c) A written consent for an endorsement contract (as defined in
IC 35-46-4-1.5) is void if notice is not given as required by
IC 35-46-4-4 or a similar law in the state where the endorsement
contract is entered into. As added by P.L.2-2002, SEC.21.
IC 32-36-1-9 Jurisdictional acts
Sec. 9. A person who:
(1) engages in conduct within Indiana that is prohibited under
section 8 of this chapter;
(2) creates or causes to be created within Indiana goods,
merchandise, or other materials prohibited under section 8 of
this chapter;
(3) transports or causes to be transported into Indiana goods,
merchandise, or other materials created or used in violation of
section 8 of this chapter; or
(4) knowingly causes advertising or promotional material
created or used in violation of section 8 of this chapter to be
published, distributed, exhibited, or disseminated within
Indiana;
submits to the jurisdiction of Indiana courts. As added by P.L.2-2002, SEC.21.
IC 32-36-1-10 Damages
Sec. 10. A person who violates section 8 of this chapter may be
liable for any of the following:
(1) Damages in the amount of:
(A) one thousand dollars ($1,000); or
(B) actual damages, including profits derived from the
unauthorized use;
whichever is greater.
(2) Treble or punitive damages, as the injured party may elect,
if the violation under section 8 of this chapter is knowing,
willful, or intentional. As added by P.L.2-2002, SEC.21.
IC 32-36-1-11 Profits derived from unauthorized use; proof
Sec. 11. In establishing the amount of the profits under section
10(1)(B) of this chapter:
(1) the plaintiff is required to prove the gross revenue
attributable to the unauthorized use; and
(2) the defendant is required to prove properly deductible
expenses. As added by P.L.2-2002, SEC.21.
IC 32-36-1-12 Additional remedies
Sec. 12. In addition to any damages awarded under section 10 of
this chapter, the court:
(1) shall award to the prevailing party reasonable attorney's
fees, costs, and expenses relating to an action under this
chapter; and
(2) may order temporary or permanent injunctive relief, except
as provided by section 13 of this chapter.
As added by P.L.2-2002, SEC.21.
IC 32-36-1-13 Injunctive relief; enforceability against news reporting or
entertainment medium
Sec. 13. Injunctive relief is not enforceable against a news
reporting or an entertainment medium that has:
(1) contracted with a person for the publication or broadcast of
an advertisement; and
(2) incorporated the advertisement in tangible form into
material that has been prepared for broadcast or publication. As added by P.L.2-2002, SEC.21.
IC 32-36-1-14 Impoundment of materials pending resolution of action
Sec. 14. (a) This section does not apply to a news reporting or an
entertainment medium.
(b) During any period that an action under this chapter is pending,
a court may order the impoundment of:
(1) goods, merchandise, or other materials claimed to have been
made or used in violation of section 8 of this chapter; and
(2) plates, molds, matrices, masters, tapes, negatives, or other
items from which goods, merchandise, or other materials
described in subdivision (1) may be manufactured or
reproduced.
(c) The court may order impoundment under subsection (b) upon
terms that the court considers reasonable. As added by P.L.2-2002, SEC.21.
IC 32-36-1-15 Destruction or other disposition of offending materials
Sec. 15. (a) This section does not apply to a news reporting or an
entertainment medium.
(b) As part of a final judgment or decree, a court may order the
destruction or other reasonable disposition of items described in
section 14(b) of this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-16 Property rights
Sec. 16. The rights recognized under this chapter are property
rights, freely transferable and descendible, in whole or in part, by the
following:
(1) Contract.
(2) License.
(3) Gift.
(4) Trust.
(5) Testamentary document.
(6) Operation of the laws of intestate succession applicable to
the state administering the estate and property of an intestate
deceased personality, regardless of whether the state recognizes
the property rights set forth under this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-17 Exercise and enforcement of rights and remedies
Sec. 17. (a) The written consent required by section 8 of this
chapter and the rights and remedies set forth in this chapter may be
exercised and enforced by:
(1) a personality; or
(2) a person to whom the recognized rights of a personality have
been transferred under section 16 of this chapter.
(b) If a transfer of a personality's recognized rights has not
occurred under section 16 of this chapter, a person to whom the
personality's recognized rights are transferred under section 18 of
this chapter may exercise and enforce the rights under this chapter
and seek the remedies provided in this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-18 Exercise and enforcement of rights and remedies following death
of intestate personality; fractional interests
Sec. 18. (a) Subject to sections 16 and 17 of this chapter, after the
death of an intestate personality, the rights and remedies of this
chapter may be exercised and enforced by a person who possesses a
total of not less than one-half (1/2) interest of the personality's
recognized rights.
(b) A person described in subsection (a) shall account to any other
person in whom the personality's recognized rights have vested to the
extent that the other person's interest may appear. As added by P.L.2-2002, SEC.21.
IC 32-36-1-19 Termination of untransferred rights following personality's death
Sec. 19. If:
(1) a deceased personality's recognized rights under this chapter
were not transferred by:
(A) contract;
(B) license;
(C) gift;
(D) trust; or
(E) testamentary document; and
(2) there are no surviving persons as described in section 17 of
this chapter to whom the deceased personality's recognized
rights pass by intestate succession;
the deceased personality's rights set forth in this chapter terminate. As added by P.L.2-2002, SEC.21.
IC 32-36-1-20 Rights and remedies supplemental to others provided by law
Sec. 20. The rights and remedies provided for in this chapter are
supplemental to any other rights and remedies provided by law. As added by P.L.2-2002, SEC.21.
IC 32-36-1-1 Application of chapter
Sec. 1. (a) This chapter applies to an act or event that occurs
within Indiana, regardless of a personality's domicile, residence, or
citizenship.
(b) This chapter does not affect rights and privileges recognized
under any other law that apply to a news reporting or an
entertainment medium.
(c) This chapter does not apply to the following:
(1) The use of a personality's name, voice, signature,
photograph, image, likeness, distinctive appearance, gestures,
or mannerisms in any of the following:
(A) Literary works, theatrical works, musical compositions,
film, radio, or television programs.
(B) Material that has political or newsworthy value.
(C) Original works of fine art.
(D) Promotional material or an advertisement for a news
reporting or an entertainment medium that:
(i) uses all or part of a past edition of the medium's own
broadcast or publication; and
(ii) does not convey or reasonably suggest that a
personality endorses the news reporting or entertainment
medium.
(E) An advertisement or commercial announcement for a use
described in this subdivision.
(2) The use of a personality's name to truthfully identify the
personality as:
(A) the author of a written work; or
(B) a performer of a recorded performance;
under circumstances in which the written work or recorded
performance is otherwise rightfully reproduced, exhibited, or
broadcast.
(3) The use of a personality's:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gestures; or
(I) mannerisms;
in connection with the broadcast or reporting of an event or a
topic of general or public interest. As added by P.L.2-2002, SEC.21.
IC 32-36-1-2 "Commercial purpose" defined
Sec. 2. As used in this chapter, "commercial purpose" means the
use of an aspect of a personality's right of publicity as follows:
(1) On or in connection with a product, merchandise, goods,
services, or commercial activities.
(2) For advertising or soliciting purchases of products,
merchandise, goods, services, or for promoting commercial
activities.
(3) For the purpose of fundraising. As added by P.L.2-2002, SEC.21.
IC 32-36-1-3 "Name" defined
Sec. 3. As used in this chapter, "name" means the actual or
assumed name of a living or deceased natural person that is intended
to identify the person. As added by P.L.2-2002, SEC.21.
IC 32-36-1-4 "News reporting or an entertainment medium" defined
Sec. 4. As used in this chapter, "news reporting or an
entertainment medium" means a medium that publishes, broadcasts,
or disseminates advertising in the normal course of its business,
including the following:
(1) Newspapers.
(2) Magazines.
(3) Radio and television networks and stations.
(4) Cable television systems. As added by P.L.2-2002, SEC.21.
IC 32-36-1-5 "Person" defined
Sec. 5. As used in this chapter, "person" means a natural person,
a partnership, a firm, a corporation, or an unincorporated association. As added by P.L.2-2002, SEC.21.
IC 32-36-1-6 "Personality" defined
Sec. 6. As used in this chapter, "personality" means a living or
deceased natural person whose:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gesture; or
(9) mannerisms;
has commercial value, whether or not the person uses or authorizes
the use of the person's rights of publicity for a commercial purpose
during the person's lifetime. As added by P.L.2-2002, SEC.21.
IC 32-36-1-7 "Right of publicity" defined
Sec. 7. As used in this chapter, "right of publicity" means a
personality's property interest in the personality's:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gestures; or
(9) mannerisms. As added by P.L.2-2002, SEC.21.
IC 32-36-1-8 Consent to commercial purpose use of personality's right of
publicity; duration of right
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.
(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;
(2) was voided by the student athlete under IC 25-5.2-2-8 or a
similar law in the state where the agency contract was entered
into; or
(3) was entered into without the notice required under
IC 35-46-4-4 or a similar law in the state where the agency
contract was entered into.
(c) A written consent for an endorsement contract (as defined in
IC 35-46-4-1.5) is void if notice is not given as required by
IC 35-46-4-4 or a similar law in the state where the endorsement
contract is entered into. As added by P.L.2-2002, SEC.21.
IC 32-36-1-9 Jurisdictional acts
Sec. 9. A person who:
(1) engages in conduct within Indiana that is prohibited under
section 8 of this chapter;
(2) creates or causes to be created within Indiana goods,
merchandise, or other materials prohibited under section 8 of
this chapter;
(3) transports or causes to be transported into Indiana goods,
merchandise, or other materials created or used in violation of
section 8 of this chapter; or
(4) knowingly causes advertising or promotional material
created or used in violation of section 8 of this chapter to be
published, distributed, exhibited, or disseminated within
Indiana;
submits to the jurisdiction of Indiana courts. As added by P.L.2-2002, SEC.21.
IC 32-36-1-10 Damages
Sec. 10. A person who violates section 8 of this chapter may be
liable for any of the following:
(1) Damages in the amount of:
(A) one thousand dollars ($1,000); or
(B) actual damages, including profits derived from the
unauthorized use;
whichever is greater.
(2) Treble or punitive damages, as the injured party may elect,
if the violation under section 8 of this chapter is knowing,
willful, or intentional. As added by P.L.2-2002, SEC.21.
IC 32-36-1-11 Profits derived from unauthorized use; proof
Sec. 11. In establishing the amount of the profits under section
10(1)(B) of this chapter:
(1) the plaintiff is required to prove the gross revenue
attributable to the unauthorized use; and
(2) the defendant is required to prove properly deductible
expenses. As added by P.L.2-2002, SEC.21.
IC 32-36-1-12 Additional remedies
Sec. 12. In addition to any damages awarded under section 10 of
this chapter, the court:
(1) shall award to the prevailing party reasonable attorney's
fees, costs, and expenses relating to an action under this
chapter; and
(2) may order temporary or permanent injunctive relief, except
as provided by section 13 of this chapter.
As added by P.L.2-2002, SEC.21.
IC 32-36-1-13 Injunctive relief; enforceability against news reporting or
entertainment medium
Sec. 13. Injunctive relief is not enforceable against a news
reporting or an entertainment medium that has:
(1) contracted with a person for the publication or broadcast of
an advertisement; and
(2) incorporated the advertisement in tangible form into
material that has been prepared for broadcast or publication. As added by P.L.2-2002, SEC.21.
IC 32-36-1-14 Impoundment of materials pending resolution of action
Sec. 14. (a) This section does not apply to a news reporting or an
entertainment medium.
(b) During any period that an action under this chapter is pending,
a court may order the impoundment of:
(1) goods, merchandise, or other materials claimed to have been
made or used in violation of section 8 of this chapter; and
(2) plates, molds, matrices, masters, tapes, negatives, or other
items from which goods, merchandise, or other materials
described in subdivision (1) may be manufactured or
reproduced.
(c) The court may order impoundment under subsection (b) upon
terms that the court considers reasonable. As added by P.L.2-2002, SEC.21.
IC 32-36-1-15 Destruction or other disposition of offending materials
Sec. 15. (a) This section does not apply to a news reporting or an
entertainment medium.
(b) As part of a final judgment or decree, a court may order the
destruction or other reasonable disposition of items described in
section 14(b) of this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-16 Property rights
Sec. 16. The rights recognized under this chapter are property
rights, freely transferable and descendible, in whole or in part, by the
following:
(1) Contract.
(2) License.
(3) Gift.
(4) Trust.
(5) Testamentary document.
(6) Operation of the laws of intestate succession applicable to
the state administering the estate and property of an intestate
deceased personality, regardless of whether the state recognizes
the property rights set forth under this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-17 Exercise and enforcement of rights and remedies
Sec. 17. (a) The written consent required by section 8 of this
chapter and the rights and remedies set forth in this chapter may be
exercised and enforced by:
(1) a personality; or
(2) a person to whom the recognized rights of a personality have
been transferred under section 16 of this chapter.
(b) If a transfer of a personality's recognized rights has not
occurred under section 16 of this chapter, a person to whom the
personality's recognized rights are transferred under section 18 of
this chapter may exercise and enforce the rights under this chapter
and seek the remedies provided in this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-18 Exercise and enforcement of rights and remedies following death
of intestate personality; fractional interests
Sec. 18. (a) Subject to sections 16 and 17 of this chapter, after the
death of an intestate personality, the rights and remedies of this
chapter may be exercised and enforced by a person who possesses a
total of not less than one-half (1/2) interest of the personality's
recognized rights.
(b) A person described in subsection (a) shall account to any other
person in whom the personality's recognized rights have vested to the
extent that the other person's interest may appear. As added by P.L.2-2002, SEC.21.
IC 32-36-1-19 Termination of untransferred rights following personality's death
Sec. 19. If:
(1) a deceased personality's recognized rights under this chapter
were not transferred by:
(A) contract;
(B) license;
(C) gift;
(D) trust; or
(E) testamentary document; and
(2) there are no surviving persons as described in section 17 of
this chapter to whom the deceased personality's recognized
rights pass by intestate succession;
the deceased personality's rights set forth in this chapter terminate. As added by P.L.2-2002, SEC.21.
IC 32-36-1-20 Rights and remedies supplemental to others provided by law
Sec. 20. The rights and remedies provided for in this chapter are
supplemental to any other rights and remedies provided by law. As added by P.L.2-2002, SEC.21.
IC 32-36-1-1 Application of chapter
Sec. 1. (a) This chapter applies to an act or event that occurs
within Indiana, regardless of a personality's domicile, residence, or
citizenship.
(b) This chapter does not affect rights and privileges recognized
under any other law that apply to a news reporting or an
entertainment medium.
(c) This chapter does not apply to the following:
(1) The use of a personality's name, voice, signature,
photograph, image, likeness, distinctive appearance, gestures,
or mannerisms in any of the following:
(A) Literary works, theatrical works, musical compositions,
film, radio, or television programs.
(B) Material that has political or newsworthy value.
(C) Original works of fine art.
(D) Promotional material or an advertisement for a news
reporting or an entertainment medium that:
(i) uses all or part of a past edition of the medium's own
broadcast or publication; and
(ii) does not convey or reasonably suggest that a
personality endorses the news reporting or entertainment
medium.
(E) An advertisement or commercial announcement for a use
described in this subdivision.
(2) The use of a personality's name to truthfully identify the
personality as:
(A) the author of a written work; or
(B) a performer of a recorded performance;
under circumstances in which the written work or recorded
performance is otherwise rightfully reproduced, exhibited, or
broadcast.
(3) The use of a personality's:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gestures; or
(I) mannerisms;
in connection with the broadcast or reporting of an event or a
topic of general or public interest. As added by P.L.2-2002, SEC.21.
IC 32-36-1-2 "Commercial purpose" defined
Sec. 2. As used in this chapter, "commercial purpose" means the
use of an aspect of a personality's right of publicity as follows:
(1) On or in connection with a product, merchandise, goods,
services, or commercial activities.
(2) For advertising or soliciting purchases of products,
merchandise, goods, services, or for promoting commercial
activities.
(3) For the purpose of fundraising. As added by P.L.2-2002, SEC.21.
IC 32-36-1-3 "Name" defined
Sec. 3. As used in this chapter, "name" means the actual or
assumed name of a living or deceased natural person that is intended
to identify the person. As added by P.L.2-2002, SEC.21.
IC 32-36-1-4 "News reporting or an entertainment medium" defined
Sec. 4. As used in this chapter, "news reporting or an
entertainment medium" means a medium that publishes, broadcasts,
or disseminates advertising in the normal course of its business,
including the following:
(1) Newspapers.
(2) Magazines.
(3) Radio and television networks and stations.
(4) Cable television systems. As added by P.L.2-2002, SEC.21.
IC 32-36-1-5 "Person" defined
Sec. 5. As used in this chapter, "person" means a natural person,
a partnership, a firm, a corporation, or an unincorporated association. As added by P.L.2-2002, SEC.21.
IC 32-36-1-6 "Personality" defined
Sec. 6. As used in this chapter, "personality" means a living or
deceased natural person whose:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gesture; or
(9) mannerisms;
has commercial value, whether or not the person uses or authorizes
the use of the person's rights of publicity for a commercial purpose
during the person's lifetime. As added by P.L.2-2002, SEC.21.
IC 32-36-1-7 "Right of publicity" defined
Sec. 7. As used in this chapter, "right of publicity" means a
personality's property interest in the personality's:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gestures; or
(9) mannerisms. As added by P.L.2-2002, SEC.21.
IC 32-36-1-8 Consent to commercial purpose use of personality's right of
publicity; duration of right
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.
(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;
(2) was voided by the student athlete under IC 25-5.2-2-8 or a
similar law in the state where the agency contract was entered
into; or
(3) was entered into without the notice required under
IC 35-46-4-4 or a similar law in the state where the agency
contract was entered into.
(c) A written consent for an endorsement contract (as defined in
IC 35-46-4-1.5) is void if notice is not given as required by
IC 35-46-4-4 or a similar law in the state where the endorsement
contract is entered into. As added by P.L.2-2002, SEC.21.
IC 32-36-1-9 Jurisdictional acts
Sec. 9. A person who:
(1) engages in conduct within Indiana that is prohibited under
section 8 of this chapter;
(2) creates or causes to be created within Indiana goods,
merchandise, or other materials prohibited under section 8 of
this chapter;
(3) transports or causes to be transported into Indiana goods,
merchandise, or other materials created or used in violation of
section 8 of this chapter; or
(4) knowingly causes advertising or promotional material
created or used in violation of section 8 of this chapter to be
published, distributed, exhibited, or disseminated within
Indiana;
submits to the jurisdiction of Indiana courts. As added by P.L.2-2002, SEC.21.
IC 32-36-1-10 Damages
Sec. 10. A person who violates section 8 of this chapter may be
liable for any of the following:
(1) Damages in the amount of:
(A) one thousand dollars ($1,000); or
(B) actual damages, including profits derived from the
unauthorized use;
whichever is greater.
(2) Treble or punitive damages, as the injured party may elect,
if the violation under section 8 of this chapter is knowing,
willful, or intentional. As added by P.L.2-2002, SEC.21.
IC 32-36-1-11 Profits derived from unauthorized use; proof
Sec. 11. In establishing the amount of the profits under section
10(1)(B) of this chapter:
(1) the plaintiff is required to prove the gross revenue
attributable to the unauthorized use; and
(2) the defendant is required to prove properly deductible
expenses. As added by P.L.2-2002, SEC.21.
IC 32-36-1-12 Additional remedies
Sec. 12. In addition to any damages awarded under section 10 of
this chapter, the court:
(1) shall award to the prevailing party reasonable attorney's
fees, costs, and expenses relating to an action under this
chapter; and
(2) may order temporary or permanent injunctive relief, except
as provided by section 13 of this chapter.
As added by P.L.2-2002, SEC.21.
IC 32-36-1-13 Injunctive relief; enforceability against news reporting or
entertainment medium
Sec. 13. Injunctive relief is not enforceable against a news
reporting or an entertainment medium that has:
(1) contracted with a person for the publication or broadcast of
an advertisement; and
(2) incorporated the advertisement in tangible form into
material that has been prepared for broadcast or publication. As added by P.L.2-2002, SEC.21.
IC 32-36-1-14 Impoundment of materials pending resolution of action
Sec. 14. (a) This section does not apply to a news reporting or an
entertainment medium.
(b) During any period that an action under this chapter is pending,
a court may order the impoundment of:
(1) goods, merchandise, or other materials claimed to have been
made or used in violation of section 8 of this chapter; and
(2) plates, molds, matrices, masters, tapes, negatives, or other
items from which goods, merchandise, or other materials
described in subdivision (1) may be manufactured or
reproduced.
(c) The court may order impoundment under subsection (b) upon
terms that the court considers reasonable. As added by P.L.2-2002, SEC.21.
IC 32-36-1-15 Destruction or other disposition of offending materials
Sec. 15. (a) This section does not apply to a news reporting or an
entertainment medium.
(b) As part of a final judgment or decree, a court may order the
destruction or other reasonable disposition of items described in
section 14(b) of this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-16 Property rights
Sec. 16. The rights recognized under this chapter are property
rights, freely transferable and descendible, in whole or in part, by the
following:
(1) Contract.
(2) License.
(3) Gift.
(4) Trust.
(5) Testamentary document.
(6) Operation of the laws of intestate succession applicable to
the state administering the estate and property of an intestate
deceased personality, regardless of whether the state recognizes
the property rights set forth under this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-17 Exercise and enforcement of rights and remedies
Sec. 17. (a) The written consent required by section 8 of this
chapter and the rights and remedies set forth in this chapter may be
exercised and enforced by:
(1) a personality; or
(2) a person to whom the recognized rights of a personality have
been transferred under section 16 of this chapter.
(b) If a transfer of a personality's recognized rights has not
occurred under section 16 of this chapter, a person to whom the
personality's recognized rights are transferred under section 18 of
this chapter may exercise and enforce the rights under this chapter
and seek the remedies provided in this chapter. As added by P.L.2-2002, SEC.21.
IC 32-36-1-18 Exercise and enforcement of rights and remedies following death
of intestate personality; fractional interests
Sec. 18. (a) Subject to sections 16 and 17 of this chapter, after the
death of an intestate personality, the rights and remedies of this
chapter may be exercised and enforced by a person who possesses a
total of not less than one-half (1/2) interest of the personality's
recognized rights.
(b) A person described in subsection (a) shall account to any other
person in whom the personality's recognized rights have vested to the
extent that the other person's interest may appear. As added by P.L.2-2002, SEC.21.
IC 32-36-1-19 Termination of untransferred rights following personality's death
Sec. 19. If:
(1) a deceased personality's recognized rights under this chapter
were not transferred by:
(A) contract;
(B) license;
(C) gift;
(D) trust; or
(E) testamentary document; and
(2) there are no surviving persons as described in section 17 of
this chapter to whom the deceased personality's recognized
rights pass by intestate succession;
the deceased personality's rights set forth in this chapter terminate. As added by P.L.2-2002, SEC.21.
IC 32-36-1-20 Rights and remedies supplemental to others provided by law
Sec. 20. The rights and remedies provided for in this chapter are
supplemental to any other rights and remedies provided by law. As added by P.L.2-2002, SEC.21.
