Indiana Code

Ind. Code § 32-36-1-2 (2026)

"Commercial purpose" defined

✓ current as of May 2026

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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.

[Pre-2002 Recodification Citation: 32-13-1-2.]

As added by P.L.2-2002, SEC.21.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2022–2024 · leading case: Nasser v. The South Bend Clinic, LLC (N.D. Ind. 2024).

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Nasser v. The South Bend Clinic, LLC (N.D. Ind. 2024). · cites it 3× “” Ind. Code § 32-36-1-2 . A harmed plaintiff can recover $1,000 or actual damages, whichever is greater, as well as treble or punitive damages for knowing, willful, or intentional violations.”

Fry v. Ancestry.com Operations Inc. (N.D. Ind. 2023). “Code § 32-36-1-2 (punctuation original). This is not a difficult question of statutory interpretation, as a brief exercise demonstrates that the Court’s definition of commercial value is easily reconcilable with the commercial purpose requirement while giving effect to all…”

In re Hearst Commc'ns State Right of Publicity Statute Cases (S.D.N.Y. 2022). “on or in goods, merchandise, or services entered into commerce in this State, or for purposes of advertising products, merchandise, goods, or services” without consent); Ind. Code §§ 32-36-1-2 , 32-36-1-8 (prohibiting the use of a person’s name “for a commercial purpose” without…”

Boshears v. PeopleConnect Inc (W.D. Wash. 2022). “” Ind. Code Ann. § 32-36-1-2 (West). 5 2. Prima Facie Claim 6 Classmates argues that Boshears has not adequately alleged facts satisfying IRPA’s 7 territoriality or commercial use requirements.”

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