Pennsylvania Act 2002-154 — JUDICIAL CODE (42 PA.C.S.) - AMEND NAME OR LIKENESS UNAUTHORIZED PUBLICATION AND RIGHT OF ACTION

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND NAME OR LIKENESS UNAUTHORIZED
                     PUBLICATION AND RIGHT OF ACTION
                 Act of Dec. 9, 2002, P.L. 1320, No. 154              Cl. 42
                             Session of 2002
                               No. 2002-154

     HB 235

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for
        unauthorized publication of name or likeness; and
        establishing a right of action.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8316.  Unauthorized use of name or likeness.
        (a)  Cause of action established.--Any natural person whose
     name or likeness has commercial value and is used for any
     commercial or advertising purpose without the written consent of
     such natural person or the written consent of any of the parties
     authorized in subsection (b) may bring an action to enjoin such
     unauthorized use and to recover damages for any loss or injury
     sustained by such use.
        (b)  Parties authorized to bring action.--Such action may be
     brought by:
            (1)  The natural person.
            (2)  A parent or guardian of a natural person, if the
        natural person is a minor.
            (3)  If such natural person is deceased, any person, firm
        or corporation authorized in writing to license the
        commercial or advertising use of the natural person's name or
        likeness by the natural person during the natural person's
        lifetime or by will or other testamentary device; an executor
        named in a will or designated by a court of competent
        jurisdiction; or where there is no such authorization, then
        by the deceased person's surviving spouse at the time of
        death until the surviving spouse's death or, in a case where
        there is no surviving spouse, then any other heir or group of
        heirs having at least a 50% interest in the deceased person's
        estate as provided for under law.
            (4)  Any other person, firm or corporation authorized in
        writing by such natural person to license the commercial or
        advertising purposes of the person's name or likeness.
        (c)  Repose.--No action shall be commenced under this section
     more than 30 years after the death of such natural person.
        (d)  Immunity.--No person, firm or corporation, including
     their employees and agents, in the business of producing,
     manufacturing, publishing or disseminating material for
     commercial or advertising purposes by any communications medium
     shall be held liable under this section unless they had actual
     knowledge of the unauthorized use of the name or likeness of a
     natural person as prohibited by this section.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Commercial or advertising purpose."
            (1)  Except as provided in paragraph (2), the term shall
        include the public use or holding out of a natural person's
        name or likeness:
                (i)  on or in connection with the offering for sale
            or sale of a product, merchandise, goods, services or
            businesses;
                (ii)  for the purpose of advertising or promoting
            products, merchandise, goods or services of a business;
            or
                (iii)  for the purpose of fundraising.
            (2)  The term shall not include the public use or holding
        out of a natural person's name or likeness in a
        communications medium when:
                (i)  the natural person appears as a member of the
            public and the natural person is not named or otherwise
            identified;
                (ii)  it is associated with a news report or news
            presentation having public interest;
                (iii)  it is an expressive work;
                (iv)  it is an original work of fine art;
                (v)  it is associated with announcement for a
            commercial or advertising purpose for a use permitted by
            subparagraph (ii), (iii) or (iv); or
                (vi)  it is associated with the identification of a
            natural person as the author of or contributor to a
            written work or the performer of a recorded performance
            under circumstances in which the written work or the
            recorded performance is lawfully produced, reproduced,
            exhibited or broadcast.
        "Commercial value."  Valuable interest in a natural person's
     name or likeness that is developed through the investment of
     time, effort and money.
        "Communications medium."  Includes, but is not limited to, a
     newspaper, magazine, book, newsletter, billboard, telephone,
     radio, television, recording, computer software, digital
     communications network, transit ad, audiovisual work or global
     communications network.
        "Expressive work."  A literary, dramatic, fictional,
     historical, audiovisual or musical work regardless of the
     communications medium by which it is exhibited, displayed,
     performed or transmitted, other than when used or employed for a
     commercial or advertising purpose.
        "Name" or "likeness."  Any attribute of a natural person that
     serves to identify that natural person to an ordinary,
     reasonable viewer or listener, including, but not limited to,
     name, signature, photograph, image, likeness, voice or a
     substantially similar imitation of one or more thereof.
        "Natural person."  A living person or a deceased person who
     was domiciled within this Commonwealth at the time of such
     person's death.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER