Indiana Code
Ind. Code § 32-36-1-6 (2026)
"Personality" defined
✓ current as of May 2026
Sec. 6. As used in this chapter, "personality" means a living or deceased natural person whose:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gesture; or
(9) mannerisms;
has commercial value, whether or not the person uses or authorizes the use of the person's rights of publicity for a commercial purpose during the person's lifetime.
[Pre-2002 Recodification Citation: 32-13-1-6.]
As added by P.L.2-2002, SEC.21.
Notes of Decisions
Cited in 5
cases (4 in the last 5 years), 2011–2024 · leading case: Dillinger, LLC v. Elec. Arts Inc., 795 F. Supp. 2d 829 (S.D. Ind. 2011).
Dillinger, LLC v. Elec. Arts Inc., 795 F. Supp. 2d 829 (S.D. Ind. 2011). “The statute defines a “personality” as “a living or deceased natural person” who has attributes with “commercial value, whether or not the person uses or authorizes the use of the person’s right of publicity for a commercial purpose during the person’s lifetime,” Ind.Code §…”
Fry v. Ancestry.com Operations Inc. (N.D. Ind. 2023). “” Ind. Code § 32-36-1-6 . “Commercial value” is not defined.”
Nasser v. The South Bend Clinic, LLC (N.D. Ind. 2024). “” Ind. Code § 32-36-1-6 . A personality’s name may not be used without authorization for a “commercial purpose,” defined as use (1) “[o]n or in connection with a product, merchandise, goods, services, or commercial activities,” (2) “[f]or advertising or soliciting purchases of…”
Fitzgerald v. Murray (S.D. Ind. 2022). “" Ind. Code § 32-36-1-6 . Indiana's right of publicity statute applies to acts or events that occur in Indiana.”
Boshears v. PeopleConnect Inc (W.D. Wash. 2022). “” Ind. Code Ann. § 32-36-1-7 (West); see 23 Ind.”
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