§ 8316. Unauthorized use of name or likeness
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: February 7, 2003
Effective: February 7, 2003
42 Pa.C.S.A. § 8316
§ 8316. Unauthorized use of name or likeness
(a) Cause of action established.--Any natural person whose name or likeness has commercial value and is used for any commercial or advertising purpose without the written consent of such natural person or the written consent of any of the parties authorized in subsection (b) may bring an action to enjoin such unauthorized use and to recover damages for any loss or injury sustained by such use.
(3) If such natural person is deceased, any person, firm or corporation authorized in writing to license the commercial or advertising use of the natural person's name or likeness by the natural person during the natural person's lifetime or by will or other testamentary device; an executor named in a will or designated by a court of competent jurisdiction; or where there is no such authorization, then by the deceased person's surviving spouse at the time of death until the surviving spouse's death or, in a case where there is no surviving spouse, then any other heir or group of heirs having at least a 50% interest in the deceased person's estate as provided for under law.
(d) Immunity.--No person, firm or corporation, including their employees and agents, in the business of producing, manufacturing, publishing or disseminating material for commercial or advertising purposes by any communications medium shall be held liable under this section unless they had actual knowledge of the unauthorized use of the name or likeness of a natural person as prohibited by this section.
“Commercial or advertising purpose.”
“Commercial value.” Valuable interest in a natural person's name or likeness that is developed through the investment of time, effort and money.
“Communications medium.” Includes, but is not limited to, a newspaper, magazine, book, newsletter, billboard, telephone, radio, television, recording, computer software, digital communications network, transit ad, audiovisual work or global communications network.
“Expressive work.” A literary, dramatic, fictional, historical, audiovisual or musical work regardless of the communications medium by which it is exhibited, displayed, performed or transmitted, other than when used or employed for a commercial or advertising purpose.
“Name” or “likeness.” Any attribute of a natural person that serves to identify that natural person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice or a substantially similar imitation of one or more thereof.
“Natural person.” A living person or a deceased person who was domiciled within this Commonwealth at the time of such person's death.
Credits
2002, Dec. 9, P.L. 1320, No. 154, § 1, effective in 60 days.
42 Pa.C.S.A. § 8316, PA ST 42 Pa.C.S.A. § 8316
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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