Sec. 8. (a) A person may not use an aspect of a
personality's right of publicity for a commercial purpose during the
personality's lifetime or for one hundred (100) years after the date of
the personality's death without having obtained previous written
consent from a person specified in section 17 of this chapter. If a
personality is deceased, the following apply to the rights described in
this subsection:
(1) The rights apply to the personality whether the personality
died before, on, or after July 1, 1994.
(2) If the personality died before July 1, 1994, the rights are
considered to have existed on and after the date the personality
died.
(3) Consistent with section 1(a) of this chapter, a claim for a
violation of a personality's right of publicity may not be asserted
under this chapter unless the alleged act or event of violation
occurs within Indiana.
(4) A claim for a violation of a personality's right of publicity may
not be asserted under this chapter unless the alleged act or event
of violation occurs after June 30, 1994.
(b) A written consent solicited or negotiated by an athlete agent (as
defined in IC 25-5.2-1-2) from a student athlete (as defined in IC 25-5.2-1-2) is void if the athlete agent obtained the consent as the result
of an agency contract that:
(1) was void under IC 25-5.2-2-2 or under the law of the state
where the agency contract was entered into; or
(2) was voided by the student athlete, or, if the student athlete is
a minor, by the parent or guardian of the student athlete, under IC 25-5.2-2-8 or a similar law in the state where the agency contract
was entered into.
[Pre-2002 Recodification Citation: 32-13-1-8.]
As added by P.L.2-2002, SEC.21. Amended by P.L.149-2012,
SEC.18; P.L.158-2013, SEC.336; P.L.95-2019, SEC.10.
Notes of Decisions
Daniels v. Fanduel, Inc., 884 F.3d 672 (7th Cir. 2018).
“They contend that Indiana's right-of-publicity statute, Ind. Code § 32-36-1-8 , gives them control over the commercial use of their names and data.”
Dillinger, LLC v. Elec. Arts Inc., 795 F. Supp. 2d 829 (S.D. Ind. 2011).
· cites it 2× “Ind.Code § 32-36-1-8. And publicity rights now constitute property, “freely transferable and descendible,” including by will and intestate succession.”
Shaw Fam. Archives, Ltd. v. CMG Worldwide, Inc., 589 F. Supp. 2d 331 (S.D.N.Y. 2008).
“r intellectual property rights were owned by the heirs of the deceased actress Marilyn Monroe, brought an action in the United States District Court for the District of Indiana against the heirs of photographer Ted Shaw, alleging that their commercial exploitation in Indiana of…”
Fry v. Ancestry.com Operations Inc. (N.D. Ind. 2023).
· cites it 8× “See Ind. Code § 32-36-1-8 (a). And it is difficult to think of a use “for advertising” or “on or in connection with a product” that does not involve disclosure to some third party; Mr.”
Fitzgerald v. Murray (S.D. Ind. 2022).
· cites it 4× “" Ind. Code § 32-36-1-8 . A personality is defined as "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.”
Larry Warren v. State of Indiana, 120 N.E.3d 285 (Ind. Ct. App. 2019).
· cites it 2× “2013) ; see also Ind. Code § 32-36-1-8 (a) ("A person may not use an aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for one hundred (100) years after the date of the personality's death without having obtained previous…”
Kellman v. Spokeo, Inc. (N.D. Cal. 2022).
· cites it 2× “Ind. Code § 32-36-1-8 (a). 25 “Commercial purpose” is defined, as relevant here, as use of the personality “(1) On or in 26 connection with a product, merchandise, goods, services, or commercial activities.”
Callahan v. PeopleConnect Inc. (N.D. Cal. 2023).
· cites it 2× “” Ind. Code Ann. § 32-36-1-8 . “‘[C]ommercial purpose’ 16 means the use of an aspect of a personality’s right of publicity .”
Content & Com., Inc. v. Chandler (S.D. Ind. 2022).
· cites it 2× “] Specifically, they seek injunctive relief as it relates to their claims for violations of the right of publicity under Indiana Code § 32-36-1-8 and misappropriation of name, image, and likeness under Indiana common law.”
Wallen v. Consum. Reports, Inc. (S.D.N.Y. 2022).
· cites it 2× “” Ind. Code § 32-36-1-8 (a). Commercial purpose includes “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.”
Boshears v. PeopleConnect Inc (W.D. Wash. 2022).
“” Ind. Code Ann. § 32-36-1-8 (a) (West). To 17 state a claim, the plaintiff must therefore allege a non-consensual, commercial use of their 18 personality.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.