NRS
597.790 Existence and term of right; written consent required for
commercial use; exceptions.
1. There is a right of publicity in the
name, voice, signature, photograph or likeness of every person. The right
endures for a term consisting of the life of the person and 50 years after his
or her death, regardless of whether the person commercially exploits the right
during his or her lifetime.
2. Any commercial use by another of the
name, voice, signature, photograph or likeness of a person requires the written
consent of that person or his or her successor in interest unless:
(a) The use is contained in material which is
commercially sponsored but the use is not directly connected with the
commercial sponsorship;
(b) The use is an attempt to portray, imitate,
simulate or impersonate a person in a live performance;
(c) The use is in connection with a news, public
affairs or sports broadcast or publication;
(d) The use is an attempt to portray, imitate,
simulate or impersonate a person in a play, book, magazine article, newspaper
article, musical composition, film, or a radio, television or other audio or
visual program, except where the use is directly connected with commercial
sponsorship;
(e) The use is in connection with an original
work of art except that multiple editions of such a work of art require
consent;
(f) The use is in connection with an
advertisement or commercial announcement for a use permitted by this
subsection; or
(g) The use is in connection with the efforts of
a governmental agency to promote travel and tourism in this state, portray
historical events or commemorate persons or physical sites that are significant
in the history of this state, except where the use is directly connected with
commercial sponsorship.
Ê For the
purposes of this subsection, the issue of whether a use is directly connected
with commercial sponsorship is a question of fact, to be determined by the
trier of fact in an action brought pursuant to NRS 597.810.
3. If a governmental agency intends to
have photographs taken at a public event for use pursuant to paragraph (g) of
subsection 2, the governmental agency shall, if practicable, announce or
otherwise inform the public, or request the sponsor of the event to announce or
otherwise inform the public, that photographs may be taken that can be used in
materials for the promotion of travel and tourism in this state without
permission from the person photographed.
(Added to NRS by 1989,
1608; A 1995,
1646)
Notes of Decisions
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 688 F. Supp. 2d 1148 (D. Nev. 2010).
· cites it 3× “” Nev.Rev.Stat. § 597.790(1). Others cannot make commercial use of a person’s rights of publicity without written consent of the person or his successor in interest absent a few exceptions not relevant here.”
K & K Promotions, Inc. v. Disney Enter., Inc. (D. Nev. 2021).
· cites it 6× “” Nev. Rev. Stat. § 597.790 . However, K&K overlooks the statute’s 8 exemption of uses that are an “attempt to portray, imitate, simulate, or impersonate a person 9 in a… film.”
Sessa v. Ancestry.com Operations Inc. (D. Nev. 2021).
· cites it 3× “” NRS 597.790(1). The statute regulates the 6 “commercial use” of an another’s likeness, which includes, “the use of the name, voice, 7 signature, photograph or likeness of a person on or in any product, merchandise or goods or for 8 the purposes of advertising, selling or…”
Bohnak v. Trusted Media Brands, Inc. (S.D.N.Y. 2023).
· cites it 2× “” Nev. Rev. Stat. Ann. § 597.790 ; “[a]ny commercial use by another of the name … of a person requires the written consent of that person or his or her successor in interest[.”
Moreland v. Goldy LLC (D. Nev. 2021).
“8 § 597.790(2)). Commercial use “means using the person’s ‘name, voice, signature, photograph 9 or likeness .”
— Nev. Rev. Stat. § 597.790(1) — 2 cases
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 688 F. Supp. 2d 1148 (D. Nev. 2010).
“” Nev.Rev.Stat. § 597.790(1). Others cannot make commercial use of a person’s rights of publicity without written consent of the person or his successor in interest absent a few exceptions not relevant here.”
Sessa v. Ancestry.com Operations Inc. (D. Nev. 2021).
“” NRS 597.790(1). The statute regulates the 6 “commercial use” of an another’s likeness, which includes, “the use of the name, voice, 7 signature, photograph or likeness of a person on or in any product, merchandise or goods or for 8 the purposes of advertising, selling or…”
— Nev. Rev. Stat. § 597.790(2) — 2 cases
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 688 F. Supp. 2d 1148 (D. Nev. 2010).
“” Nev.Rev.Stat. § 597.790(1). Others cannot make commercial use of a person’s rights of publicity without written consent of the person or his successor in interest absent a few exceptions not relevant here.”
Moreland v. Goldy LLC (D. Nev. 2021).
“8 § 597.790(2)). Commercial use “means using the person’s ‘name, voice, signature, photograph 9 or likeness .”
— Nev. Rev. Stat. § 597.790(2)(a) — 1 case
Sessa v. Ancestry.com Operations Inc. (D. Nev. 2021).
“” NRS 597.790(1). The statute regulates the 6 “commercial use” of an another’s likeness, which includes, “the use of the name, voice, 7 signature, photograph or likeness of a person on or in any product, merchandise or goods or for 8 the purposes of advertising, selling or…”
— Nev. Rev. Stat. § 597.790(2)(c) — 1 case
Sessa v. Ancestry.com Operations Inc. (D. Nev. 2021).
“” NRS 597.790(1). The statute regulates the 6 “commercial use” of an another’s likeness, which includes, “the use of the name, voice, 7 signature, photograph or likeness of a person on or in any product, merchandise or goods or for 8 the purposes of advertising, selling or…”
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