Tennessee Code Annotated
Tenn. Code Ann. § 47-25-1105 (2026)
Unauthorized use prohibited
✓ current as of May 2026
- (a)
- (1) Any person who knowingly uses or infringes upon the use of an individual's name, photograph, voice, or likeness in any medium, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is liable to a civil action.
- (2) A person is liable to a civil action if the person publishes, performs, distributes, transmits, or otherwise makes available to the public an individual's voice or likeness, with knowledge that use of the voice or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.
- (3) A person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of such algorithm, software, tool, or other technology, service, or device is the production of a particular, identifiable individual's photograph, voice, or likeness, with knowledge that distributing, transmitting, or otherwise making available the photograph, voice, or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.
- (b) In addition to the civil action authorized by this section and the remedies set out in § 47-25-1106, any person who commits unauthorized use as defined in subsection (a) commits a Class A misdemeanor.
- (c) It is no defense to the unauthorized use defined in subsection (a) that the photograph includes more than one (1) individual so identifiable; provided, that the individual or individuals complaining of the use shall be represented as individuals per se rather than solely as members of a definable group represented in the photograph.
- (d) If an unauthorized use as defined in subsection (a) is by means of products, merchandise, goods or other tangible personal property, all such property, including all instrumentalities used in connection with the unauthorized use by the person violating this section, is declared contraband and subject to seizure by, and forfeiture to, the state in the same manner as is provided by law for the seizure and forfeiture of other contraband items.
Amended by 2024 Tenn. Acts, ch. 588,s 6, eff. 7/1/2024.
Acts 1984, ch. 945, § 5; 1989, ch. 308, § 1; 1991, ch. 506, § 1; 2005, ch. 395, §§ 4, 5.
Notes of Decisions
Cited in 11
cases, 1989–2019 · leading case: Apple Corps Ltd. v. A.D.P.R., Inc., 843 F. Supp. 342 (M.D. Tenn. 1993).
Apple Corps Ltd. v. A.D.P.R., Inc., 843 F. Supp. 342 (M.D. Tenn. 1993). “§ 1125 (a) (1988)) and Tennessee’s Personal Rights Protection Act ( Tenn. Code Ann. § 47-25-1105 (a) (1988 & Supp.”
Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017). “§ 36-3-106 (giving a parent authority to consent to a minor’s marriage); Tenn. Code Ann. § 47-25-1105 (giving parents the authority to solicit minor child’s name, photograph, or likeness); Tenn.”
Gracey v. Maddin, 769 S.W.2d 497 (Tenn. Ct. App. 1989). “In order to obtain the injunction authorized by Tenn. Code Ann. § 47-25-1106 (a), Mrs. Gracey must prove that the defendants' conduct is proscribed by Tenn.”
Wells v. Chattanooga Bakery, Inc., 448 S.W.3d 381 (Tenn. Ct. App. 2014). “Tenn.Code Ann. § 47-25-1105(a). “ ‘Likeness’ means the use of an image of an individual for commercial purposes.”
Stanford v. Caesars Ent., Inc., 430 F. Supp. 2d 749 (W.D. Tenn. 2006). “Count I states a violation of Tennessee’s right of publicity statute, the Personal Rights Protection Act, Tenn.Code Ann. § 47-25-1105, which provides, in pertinent part: Any person who knowingly uses or infringes upon the use of another individual’s name, photograph, or likeness…”
Global Force Entm't, Inc. v. Anthem Sports & Entm't Corp., 385 F. Supp. 3d 576 (M.D. Tenn. 2019). “In relevant part, the TPRPA provides: [a]ny person who knowingly uses or infringes upon the use of another individual's name, photograph, or likeness in any medium, in any manner directed to any person other than such individual, as an item of commerce for purposes of…”
Gibbons v. Schwartz-Nobel, 928 S.W.2d 922 (Tenn. Ct. App. 1996). “T.C.A. § 47-25-1105 provides: Unauthorized use prohibited.”
Marshall v. ESPN Inc., 111 F. Supp. 3d 815 (M.D. Tenn. 2015). “The first two Causes, against all Defendants, allege a statutory violation of the right of publicity under Tenn.Code Ann. § 47-25-1105 (First Cause) and a violation of the right to publicity under Tennessee common law (Second Cause); the Third Cause, also against all Defendants,…”
Gauck v. Karamian, 805 F. Supp. 2d 495 (W.D. Tenn. 2011). “Tenn.Code Ann. § 47-25-1105(a). The statute was intended to “create an inheritable property right for those people who use their names or likenesses in a commercial manner, such as an entertainer or sports figure — someone who uses his or her name for endorsement purposes.”
S.E. ex rel. Mitchell v. Chmerkovskiy, 221 F. Supp. 3d 980 (M.D. Tenn. 2016). “’s image: 1) violation of the Unauthorized Use provision of the Tennessee Personal Rights Protection Act (“TPRPA”), Tenn. Code Ann. § 47-25-1105 , 2) false light invasion of privacy, 3) misappropriation of likeness and image, and 4) intentional infliction of emotional distress.”
State of Tennessee v. Carolyn Tillilie (Tenn. Ct. App. 2016). “…section 40-33-201 provides: “All personal property, including conveyances, subject to forfeiture under § 39-14-307, § 47-25-1105, § 53-11-451, § 56-16-104, § 55-50-504(h), § 55- 10-414, § 57-5-409, § 57-9-201, § 67-4-1020, or § 70-6-202, shall be seized and forfeited in…”
— Tenn. Code Ann. § 47-25-1105(a) — 5 cases
Apple Corps Ltd. v. A.D.P.R., Inc., 843 F. Supp. 342 (M.D. Tenn. 1993). “§ 1125 (a) (1988)) and Tennessee’s Personal Rights Protection Act ( Tenn. Code Ann. § 47-25-1105 (a) (1988 & Supp.”
Gracey v. Maddin, 769 S.W.2d 497 (Tenn. Ct. App. 1989). “In order to obtain the injunction authorized by Tenn. Code Ann. § 47-25-1106 (a), Mrs. Gracey must prove that the defendants' conduct is proscribed by Tenn.”
Wells v. Chattanooga Bakery, Inc., 448 S.W.3d 381 (Tenn. Ct. App. 2014). “Tenn.Code Ann. § 47-25-1105(a). “ ‘Likeness’ means the use of an image of an individual for commercial purposes.”
Gauck v. Karamian, 805 F. Supp. 2d 495 (W.D. Tenn. 2011). “Tenn.Code Ann. § 47-25-1105(a). The statute was intended to “create an inheritable property right for those people who use their names or likenesses in a commercial manner, such as an entertainer or sports figure — someone who uses his or her name for endorsement purposes.”
Marshall v. ESPN Inc., 111 F. Supp. 3d 815 (M.D. Tenn. 2015). “The first two Causes, against all Defendants, allege a statutory violation of the right of publicity under Tenn.Code Ann. § 47-25-1105 (First Cause) and a violation of the right to publicity under Tennessee common law (Second Cause); the Third Cause, also against all Defendants,…”
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