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4-75-1108. Unauthorized commercial use.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-1108. Unauthorized commercial use.
(a) Except as provided in § 4-75-1110, a person who commercially uses the name, voice, signature, photograph, or likeness of an individual is liable to the holder of the property right provided by this subchapter for damages and disgorgement of profits, funds, goods, or services if the commercial use was not authorized under § 4-75-1104(c).
(b) If a minor is the holder of the property right, the parent or legal guardian may consent on the minor's behalf.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-1108
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:4-75-1108
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 72291d14777d45303bc5f47e505780691c7f2890aeec1de5c187bfd66a17ca9d
Source location: content.xml paragraph 33315
Stored source content
4-75-1108. Unauthorized commercial use.
(a) Except as provided in § 4-75-1110, a person who commercially uses the name, voice, signature, photograph, or likeness of an individual is liable to the holder of the property right provided by this subchapter for damages and disgorgement of profits, funds, goods, or services if the commercial use was not authorized under § 4-75-1104(c).
(b) If a minor is the holder of the property right, the parent or legal guardian may consent on the minor's behalf.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-1110. Exempt use — Commercial use.
(a)(1) It is not a violation of this subchapter if the name, voice, signature, photograph, or likeness of an individual is used:
(A) In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign;
(B) In:
(i) A play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work;
(ii) A work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or
(iii) An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B);
(C) In a photograph or likeness where the individual appears as a member of the public, an attendee of a photographed event, or in a public place, and the individual is not named;
(D) By an institution of higher education or by a nonprofit organization, club, or supporting foundation that is authorized by the institution of higher education and established solely to advance the purposes of the institution of higher education if:
(i) The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and
(ii) The individual is or was affiliated with the institution, including without limitation as a:
(a) Student or member of the faculty or staff;
(b) Donor or campus visitor; or
(c) Contractor, subcontractor, or employee;
(E) By any person practicing the profession
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-1110
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 4-75-1110. This identifies an authority to review, not proof of applicability.