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4-75-1103. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-1103. Definitions.
As used in this subchapter:
(1)(A) “Commercial use” means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:
(i) For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or
(ii) On or in connection with products, merchandise, goods, or other commercial activity that is not exempt under this subchapter.
(B) “Commercial use” does not mean the use of an individual's name, voice, signature, photograph, or likeness to identify the individual for the purpose of:
(i) Data collection or data reporting and supplying the data collected or reported; or
(ii) Data processing, data matching, data distribution, or data licensing;
(2) “Individual” means a natural person, alive or dead;
(3) “Likeness” means a reproduction of the image of an individual by any means other than a photograph;
(4)(A) “Person” means an individual or entity.
(B) “Person” includes:
(i) A partnership, a corporation, a company, an association, or any other business entity;
(ii) A not-for-profit corporation or association;
(iii) An educational or religious institution;
(iv) A political party; and
(v) A community, civic, or other organization;
(5) “Photograph” means a reproduction of the image of an individual that readily identifies the individual, whether made by photography, videotape, live transmission, or other means; and
(6) “Successor in interest” means an owner or the beneficial owner of a property right provided by this subchapter under:
(A) A transfer, assignment, or license of the property right; or
(B) Section 4-75-1104(b)(3).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-1103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:4-75-1103
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 707cd40e89d3e00e6b5e3e4817a3e1e04271af30166ec4f5af4fff0ebf74968f
Source location: content.xml paragraph 33242
Stored source content
4-75-1103. Definitions.
As used in this subchapter:
(1)(A) “Commercial use” means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:
(i) For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or
(ii) On or in connection with products, merchandise, goods, or other commercial activity that is not exempt under this subchapter.
(B) “Commercial use” does not mean the use of an individual's name, voice, signature, photograph, or likeness to identify the individual for the purpose of:
(i) Data collection or data reporting and supplying the data collected or reported; or
(ii) Data processing, data matching, data distribution, or data licensing;
(2) “Individual” means a natural person, alive or dead;
(3) “Likeness” means a reproduction of the image of an individual by any means other than a photograph;
(4)(A) “Person” means an individual or entity.
(B) “Person” includes:
(i) A partnership, a corporation, a company, an association, or any other business entity;
(ii) A not-for-profit corporation or association;
(iii) An educational or religious institution;
(iv) A political party; and
(v) A community, civic, or other organization;
(5) “Photograph” means a reproduction of the image of an individual that readily identifies the individual, whether made by photography, videotape, live transmission, or other means; and
(6) “Successor in interest” means an owner or the beneficial owner of a property right provided by this subchapter under:
(A) A transfer, assignment, or license of the property right; or
(B) Section 4-75-1104(b)(3).
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-1104. Property right in use of name, voice, signature, photograph, or likeness — Prior consent.
(a) An individual has a property right in the commercial use by any medium in any manner without the individual's prior consent of:
(1) The individual's name, voice, signature, photograph, or likeness; and
(2) Any combination of the individual's name, voice, signature, photograph, or likeness.
(b) The property right provided under subsection (a) of this section:
(1) Is freely transferable, assignable, licensable, and descendible, in whole or in part, by contract or by a trust, testamentary disposition, or other instrument executed before or after August 22, 2016;
(2) Does not expire upon the death of an individual, whether or not the rights were commercially used by the individual during the individual's lifetime; and
(3)(A) Upon the death of an individual, vests in the individual's executors, administrators, heirs, devisees, and assignees according to:
(i) The terms of a trust, testamentary, or other instrument under subdivision (b)(1) of this section; or
(ii) Except as provided in subdivision (b)(3)(B) of this section, if a testamentary instrument does not expressly provide for the transfer of a property right provided by subsection (a) of this section, the laws of this state governing intestate succession to personalty control.
(B) In the absence of an express transfer in a testamentary instrument of the rights of an individual in his or her name, voice, signature, photograph, or likeness, a provision in the testamentary instrument that provides for the disposition of the residue of the individual's assets is effective to transfer the rights recognized under this section in accordance with the terms of the provision.
(c) Subject to the terms of a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-1104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-1104. This identifies an authority to review, not proof of applicability.