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4-75-1104. Property right in use of name, voice, signature, photograph, or likeness — Prior consent.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-75-1104
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 02e3ebd33481b838772e3784187474199f1e78c7586f79eeaefff83f6a43a98c
Source location: content.xml paragraph 33266
Stored source content
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 transfer, assignment, or license of a property right provided by this section, the consent required by subsection (a) of this section shall be exercised by:
(1) The individual during the lifetime of the individual;
(2) A person or persons to whom all or part of the right of consent has been transferred, assigned, or licensed; or
(3) After the death of an individual, as provided by § 4-75-1105.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-1105. Exercise of rights after death.
(a) Subject to the terms of a transfer, assignment, or license of property rights under § 4-75-1104, after the death of an individual, consent to the use of the individual's name, voice, signature, photograph, or likeness shall be granted by no less than fifty and one-thousandths percent (50.001%) of the owners of the right to use the name, voice, signature, photograph, or likeness of the individual under § 4-75-1104(b)(3).
(b) Compensation or other remuneration received under subsection (a) of this section for the use of the name, voice, signature, photograph, or likeness of the individual shall be shared by all owners of the right to use the name, voice, signature, photograph, or likeness of the individual according to each owner's respective ownership interest.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-1105
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 4-75-1105. This identifies an authority to review, not proof of applicability.