As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 54 5
1999-2000 6
SENATORS CARNES-LATTA-McLIN-MUMPER-HERINGTON-SHOEMAKER- 8
FINAN-ARMBRUSTER-GARDNER-SPADA-WACHTMANN-DRAKE-PRENTISS- 9
REPRESENTATIVES BUCHY-SALERNO-TIBERI-SULZER-CAREY-OGG-PATTON- 10
ALLEN-VESPER-BRADING-DISTEL-SCHULER-HOLLISTER-HOOPS-STAPLETON- 11
GARDNER-THOMAS-AMSTUTZ 12
_________________________________________________________________ 13
A B I L L
To enact sections 2741.01, 2741.02, 2741.03, 15
2741.04, 2741.05, 2741.06, 2741.07, 2741.08, and 16
2741.09 of the Revised Code to create a right of 17
publicity in an individual's "persona," to
declare that the right of publicity is a property 18
right, to specify that the right of publicity is 19
transferable and descendible, to create a cause 20
of action for the unauthorized commercial use of 21
an individual's persona, and to provide a
four-year statute of limitations for bringing an 22
action of that nature. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2741.01, 2741.02, 2741.03, 27
2741.04, 2741.05, 2741.06, 2741.07, 2741.08, and 2741.09 of the 28
Revised Code be enacted to read as follows: 29
Sec. 2741.01. AS USED IN THIS CHAPTER: 31
(A) "PERSONA" MEANS AN INDIVIDUAL'S NAME, VOICE, 33
SIGNATURE, PHOTOGRAPH, IMAGE, LIKENESS, OR DISTINCTIVE 34
APPEARANCE, IF ANY OF THESE ASPECTS HAVE COMMERCIAL VALUE. 35
(B) "COMMERCIAL PURPOSE" MEANS THE USE OF OR REFERENCE TO 38
AN ASPECT OF AN INDIVIDUAL'S PERSONA IN ANY OF THE FOLLOWING 39
MANNERS:
2
(1) ON OR IN CONNECTION WITH A PLACE, PRODUCT, 41
MERCHANDISE, GOODS, SERVICES, OR OTHER COMMERCIAL ACTIVITIES NOT 42
EXPRESSLY EXEMPTED UNDER THIS CHAPTER; 43
(2) FOR ADVERTISING OR SOLICITING THE PURCHASE OF 45
PRODUCTS, MERCHANDISE, GOODS, SERVICES, OR OTHER COMMERCIAL 46
ACTIVITIES NOT EXPRESSLY EXEMPTED UNDER THIS CHAPTER; 47
(3) FOR THE PURPOSE OF PROMOTING TRAVEL TO A PLACE; 49
(4) FOR THE PURPOSE OF FUNDRAISING. 51
(C) "NAME" MEANS THE ACTUAL, ASSUMED, OR CLEARLY 54
IDENTIFIABLE NAME OF OR REFERENCE TO A LIVING OR DECEASED 55
INDIVIDUAL THAT IDENTIFIES THE INDIVIDUAL.
(D) "RIGHT OF PUBLICITY" MEANS THE PROPERTY RIGHT IN AN 58
INDIVIDUAL'S PERSONA TO USE THE INDIVIDUAL'S PERSONA FOR A 59
COMMERCIAL PURPOSE.
(E) "TRIER OF FACT" MEANS THE JURY OR, IN A NONJURY 62
ACTION, THE COURT.
(F) "WRITTEN CONSENT" INCLUDES WRITTEN, ELECTRONIC, 64
DIGITAL, OR ANY OTHER VERIFIABLE MEANS OF AUTHORIZATION. 65
(G) "INSTITUTION OF HIGHER EDUCATION" MEANS A STATE 67
INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 3345.011 OF 68
THE REVISED CODE, A PRIVATE NONPROFIT COLLEGE OR UNIVERSITY 69
LOCATED IN THIS STATE THAT POSSESSES A CERTIFICATE OF 70
AUTHORIZATION ISSUED BY THE OHIO BOARD OF REGENTS PURSUANT TO 71
CHAPTER 1713. OF THE REVISED CODE, OR A SCHOOL LOCATED IN THIS 72
STATE THAT POSSESSES A CERTIFICATE OF REGISTRATION AND ONE OR 74
MORE PROGRAM AUTHORIZATIONS ISSUED BY THE STATE BOARD OF 75
PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE 76
REVISED CODE. 77
Sec. 2741.02. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS 79
SECTION, A PERSON SHALL NOT USE ANY ASPECT OF AN INDIVIDUAL'S 81
PERSONA FOR A COMMERCIAL PURPOSE DURING THE INDIVIDUAL'S LIFETIME 82
OR FOR A PERIOD OF SIXTY YEARS AFTER THE DATE OF THE INDIVIDUAL'S 83
DEATH. 84
(B) A PERSON MAY USE AN INDIVIDUAL'S PERSONA FOR A 87
3
COMMERCIAL PURPOSE DURING THE INDIVIDUAL'S LIFETIME IF THE PERSON 88
FIRST OBTAINS THE WRITTEN CONSENT TO USE THE INDIVIDUAL'S PERSONA 90
FROM A PERSON SPECIFIED IN SECTION 2741.05 OF THE REVISED CODE. 92
IF AN INDIVIDUAL WHOSE PERSONA IS AT ISSUE HAS DIED, A PERSON MAY 93
USE THE INDIVIDUAL'S PERSONA FOR A COMMERCIAL PURPOSE IF EITHER 94
OF THE FOLLOWING APPLIES:
(1) THE PERSON FIRST OBTAINS THE WRITTEN CONSENT TO USE 97
THE INDIVIDUAL'S PERSONA FROM A PERSON SPECIFIED IN SECTION
2741.05 OF THE REVISED CODE WHO OWNS THE INDIVIDUAL'S RIGHT OF 100
PUBLICITY.
(2) THE NAME OF THE INDIVIDUAL WHOSE PERSONA IS USED WAS 102
THE NAME OF A BUSINESS ENTITY OR A TRADE NAME AT THE TIME OF THE 103
INDIVIDUAL'S DEATH.
(C) SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN A PERSON 105
SPECIFIED IN SECTION 2741.05 OF THE REVISED CODE AND A PERSON TO 108
WHOM THAT PERSON GRANTS CONSENT TO USE AN INDIVIDUAL'S RIGHT OF 109
PUBLICITY, A CONSENT OBTAINED BEFORE THE DEATH OF AN INDIVIDUAL 110
WHOSE PERSONA IS AT ISSUE REMAINS VALID AFTER THE INDIVIDUAL'S 111
DEATH.
(D) FOR PURPOSES OF THIS SECTION: 113
(1) A USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN 115
CONNECTION WITH ANY NEWS, PUBLIC AFFAIRS, SPORTS BROADCAST, OR 116
ACCOUNT DOES NOT CONSTITUTE A USE FOR WHICH CONSENT IS REQUIRED 117
UNDER DIVISION (A) OF THIS SECTION. 118
(2) A USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN 120
CONNECTION WITH ANY POLITICAL CAMPAIGN AND IN COMPLIANCE WITH 121
TITLE XXXV OF THE REVISED CODE DOES NOT CONSTITUTE A USE FOR 123
WHICH CONSENT IS REQUIRED UNDER DIVISION (A) OF THIS SECTION.
(E) THE OWNERS OR EMPLOYEES OF ANY MEDIUM USED FOR 125
ADVERTISING, INCLUDING BUT NOT LIMITED TO, A NEWSPAPER, MAGAZINE, 126
RADIO OR TELEVISION NETWORK OR STATION, CABLE TELEVISION SYSTEM, 128
BILLBOARD, TRANSIT AD, AND GLOBAL COMMUNICATIONS NETWORK, BY WHOM 129
ANY ADVERTISEMENT OR SOLICITATION IN VIOLATION OF THIS SECTION IS 130
PUBLISHED OR DISSEMINATED ARE NOT LIABLE UNDER THIS SECTION OR 131
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SECTION 2741.07 OF THE REVISED CODE UNLESS IT IS ESTABLISHED THAT 132
THOSE OWNERS OR EMPLOYEES HAD KNOWLEDGE OF THE UNAUTHORIZED USE 133
OF THE PERSONA AS PROHIBITED BY THIS SECTION. 134
Sec. 2741.03. EXCEPT AS OTHERWISE PROVIDED IN SECTION 136
2741.09 OF THE REVISED CODE, THIS CHAPTER APPLIES ONLY TO THE 138
FOLLOWING:
(A) THE RIGHT OF PUBLICITY IN THE PERSONA OF AN INDIVIDUAL 141
WHOSE DOMICILE OR RESIDENCE IS IN THIS STATE ON OR AFTER THE 142
EFFECTIVE DATE OF THIS SECTION; 143
(B) THE RIGHT OF PUBLICITY IN THE PERSONA OF AN INDIVIDUAL 146
WHO DIED ON OR AFTER JANUARY 1, 1998, AND WHOSE DOMICILE OR 147
RESIDENCE WAS IN THIS STATE ON THE DATE OF THE INDIVIDUAL'S 148
DEATH.
Sec. 2741.04. THE RIGHT OF PUBLICITY IN AN INDIVIDUAL'S 150
PERSONA IS FREELY TRANSFERABLE AND DESCENDIBLE, IN WHOLE OR IN 152
PART, BY ANY OF THE FOLLOWING MEANS: 153
(A) CONTRACT; 155
(B) LICENSE; 157
(C) GIFT; 159
(D) TRUST; 161
(E) WILL; 163
(F) OPERATION OF THE LAWS OF INTESTATE SUCCESSION 166
APPLICABLE TO THE STATE ADMINISTERING THE MAJORITY OF THE REAL 167
AND PERSONAL PROPERTY OF AN INDIVIDUAL WHO DIED INTESTATE, 168
REGARDLESS OF WHETHER THAT STATE RECOGNIZES THE RIGHT OF 169
PUBLICITY AS A PROPERTY RIGHT. 170
Sec. 2741.05. (A) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED 173
IN AN AGREEMENT TRANSFERRING AN ASPECT OF AN INDIVIDUAL'S RIGHT 174
OF PUBLICITY, ONLY THE FOLLOWING PERSONS MAY GRANT CONSENT TO USE 175
AN INDIVIDUAL'S PERSONA FOR A COMMERCIAL PURPOSE: 176
(1) A PERSON OR PERSONS, INCLUDING THE INDIVIDUAL WHOSE 178
RIGHT OF PUBLICITY IS AT ISSUE, WHO COLLECTIVELY OWN MORE THAN 179
FIFTY PER CENT OF THE INDIVIDUAL'S RIGHT OF PUBLICITY, SUBJECT TO 181
THE TERMS OF ANY OTHER LICENSES REGARDING THAT RIGHT OF
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PUBLICITY; 182
(2) A PERSON, INCLUDING A LICENSEE OF THE INDIVIDUAL'S 184
RIGHT OF PUBLICITY, WHO IS EXPRESSLY AUTHORIZED IN WRITING TO 185
GRANT CONSENT BY A PERSON OR PERSONS SPECIFIED IN DIVISION (A)(1) 187
OF THIS SECTION.
(B) A PERSON OR PERSONS SPECIFIED IN DIVISION (A) OF THIS 190
SECTION MAY DO ONE OR BOTH OF THE FOLLOWING: 191
(1) GRANT A PERSON OR PERSONS CONSENT TO USE ALL OR PART 193
OF AN INDIVIDUAL'S RIGHT OF PUBLICITY FOR A COMMERCIAL PURPOSE; 194
(2) LIMIT, RESTRICT, OR PLACE CONDITIONS ON HOW A PERSON 196
OR PERSONS TO WHOM CONSENT IS GRANTED PURSUANT TO THIS SECTION 197
MAY USE AN INDIVIDUAL'S RIGHT OF PUBLICITY. 198
Sec. 2741.06. (A) THE FOLLOWING PERSONS MAY BRING A CIVIL 201
ACTION TO ENFORCE THE RIGHTS SET FORTH IN THIS CHAPTER: 202
(1) A PERSON OR PERSONS, INCLUDING AN INDIVIDUAL WHOSE 204
RIGHT OF PUBLICITY IS AT ISSUE, WHO COLLECTIVELY OWN ALL OF AN 205
INDIVIDUAL'S RIGHT OF PUBLICITY, SUBJECT TO ANY LICENSES 206
REGARDING THAT RIGHT OF PUBLICITY; 207
(2) A PERSON, INCLUDING A LICENSEE OF AN INDIVIDUAL'S 209
RIGHT OF PUBLICITY, WHO IS EXPRESSLY AUTHORIZED IN WRITING BY THE 211
OWNER OR OWNERS OF AN INDIVIDUAL'S RIGHT OF PUBLICITY TO BRING A 212
CIVIL ACTION;
(3) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN AGREEMENT 214
TRANSFERRING AN ASPECT OF AN INDIVIDUAL'S RIGHT OF PUBLICITY AND 215
SUBJECT TO DIVISION (C) OF THIS SECTION, A PERSON TO WHOM 217
OWNERSHIP OR ANY PORTION OF OWNERSHIP OF AN INDIVIDUAL'S RIGHT OF 218
PUBLICITY HAS BEEN TRANSFERRED. 219
(B) BEFORE BRINGING A CIVIL ACTION UNDER THIS SECTION, A 222
PERSON WHO OWNS LESS THAN ALL OF AN INDIVIDUAL'S RIGHT OF 224
PUBLICITY SHALL NOTIFY THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS 225
THE SUBJECT OF THE PROPOSED ACTION, IF LIVING, BY REGULAR MAIL 226
ADDRESSED TO THE LAST KNOWN ADDRESS OF THAT INDIVIDUAL. THE 227
PERSON ALSO SHALL NOTIFY ANY PERSONS TO WHOM THE INDIVIDUAL'S 228
RIGHT OF PUBLICITY HAS BEEN TRANSFERRED OF THE PROPOSED CIVIL 229
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ACTION BY THE FOLLOWING MEANS:
(1) REGULAR MAIL ADDRESSED TO THE LAST KNOWN ADDRESS OF 231
EACH TRANSFEREE; 232
(2) IF THE ADDRESS OF THE TRANSFEREE IS NOT KNOWN, 234
PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY 235
IN WHICH THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS THE SUBJECT 236
OF THE PROPOSED CIVIL ACTION RESIDES, OR, IN THE CASE OF A 237
DECEASED INDIVIDUAL, IN THE COUNTY IN WHICH THE INDIVIDUAL'S 238
ESTATE HAS BEEN OR WOULD HAVE BEEN ADMITTED TO PROBATE. 239
(C) THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS THE SUBJECT 242
OF THE PROPOSED CIVIL ACTION BROUGHT UNDER THIS SECTION, AND ANY 244
PERSON TO WHOM OWNERSHIP OF THAT RIGHT OF PUBLICITY HAS BEEN 245
TRANSFERRED, MAY OBJECT TO THE PROPOSED CIVIL ACTION WITHIN
TWENTY DAYS FROM THE DATE OF THE MAILING OF THE NOTICE REFERRED 246
TO IN DIVISION (B) OF THIS SECTION OR SIXTY DAYS FROM THE DATE OF 248
PUBLICATION REFERRED TO IN THAT DIVISION BY GIVING WRITTEN NOTICE 249
OF THE OBJECTION TO THE PERSON PROPOSING THE CIVIL ACTION. IF 250
THE INDIVIDUAL OR TRANSFEREE DOES NOT OBJECT TO THE CIVIL ACTION 251
WITHIN THE TIME PERIOD SPECIFIED IN THIS DIVISION, THE INDIVIDUAL 252
OR TRANSFEREE IS FOREVER BARRED FROM OBJECTING TO THAT ACTION. 253
A PERSON MAY NOT BRING A CIVIL ACTION UNDER THIS SECTION IF 255
A PERSON OR PERSONS, INCLUDING THE INDIVIDUAL WHOSE RIGHT OF 256
PUBLICITY IS THE SUBJECT OF THE PROPOSED CIVIL ACTION, WHO 257
COLLECTIVELY OWN MORE THAN FIFTY PER CENT OF THE INDIVIDUAL'S 258
RIGHT OF PUBLICITY OBJECT TO THE PROPOSED CIVIL ACTION. 259
(D) A PERSON, OTHER THAN A LICENSEE OF AN INDIVIDUAL'S 262
RIGHT OF PUBLICITY, WHO OWNS LESS THAN ALL OF AN INDIVIDUAL'S 263
RIGHT OF PUBLICITY AND WHO BRINGS A CIVIL ACTION UNDER THIS 264
CHAPTER SHALL ACCOUNT TO ANY OTHER PERSON OWNING AN INTEREST IN 265
THAT RIGHT OF PUBLICITY TO THE EXTENT OF THE OTHER PERSON'S 266
INTEREST WITH RESPECT TO ANY NET RECOVERY IN A CIVIL ACTION LESS 267
THE PERSON'S COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES. 268
Sec. 2741.07. (A)(1) A PERSON WHO VIOLATES SECTION 271
2741.02 OF THE REVISED CODE IS LIABLE IN A CIVIL ACTION TO THE 273
7
PERSON INJURED BY THE VIOLATION FOR THE FOLLOWING: 274
(a) ACTUAL DAMAGES, INCLUDING ANY PROFITS DERIVED FROM AND 276
ATTRIBUTABLE TO THE UNAUTHORIZED USE OF AN INDIVIDUAL'S PERSONA 277
FOR A COMMERCIAL PURPOSE AS DETERMINED UNDER DIVISION (A)(2) OF 279
THIS SECTION;
(b) AT THE ELECTION OF THE PLAINTIFF AND IN LIEU OF ACTUAL 282
DAMAGES, STATUTORY DAMAGES IN THE AMOUNT OF AT LEAST TWO THOUSAND 283
FIVE HUNDRED DOLLARS AND NOT MORE THAN TEN THOUSAND DOLLARS, AS 284
DETERMINED IN THE DISCRETION OF THE TRIER OF FACT, TAKING INTO 285
ACCOUNT THE WILLFULNESS OF THE VIOLATION, THE HARM TO THE PERSONA 286
IN QUESTION, AND THE ABILITY OF THE DEFENDANT TO PAY A CIVIL 287
DAMAGE AWARD;
(c) IF APPLICABLE PURSUANT TO SECTION 2315.21 OF THE 290
REVISED CODE, PUNITIVE OR EXEMPLARY DAMAGES. 292
(2) THE TRIER OF FACT SHALL INCLUDE ANY PROFITS DERIVED 294
FROM AND ATTRIBUTABLE TO THE UNAUTHORIZED USE OF AN INDIVIDUAL'S 295
PERSONA FOR A COMMERCIAL PURPOSE IN CALCULATING THE AWARD OF 298
ACTUAL DAMAGES UNDER DIVISION (A)(1)(a) OF THIS SECTION. 299
(B) EACH PARTY HAS THE RIGHT TO A JURY TRIAL OF AN ACTION 302
UNDER THIS SECTION. TO ASSERT THE RIGHT, A PARTY SHALL DEMAND A 303
JURY TRIAL IN THE MANNER PRESCRIBED IN THE RULES OF CIVIL 306
PROCEDURE. IF A PARTY DEMANDS A JURY TRIAL IN THAT MANNER, THE 307
ACTION SHALL BE TRIED TO A JURY. 308
(C) AN ACTION UNDER THIS SECTION SHALL BE BROUGHT WITHIN 311
FOUR YEARS OF A VIOLATION OF SECTION 2741.02 OF THE REVISED CODE. 312
(D) A COURT IN WHICH AN ACTION UNDER THIS SECTION IS 314
BROUGHT MAY DO ANY OF THE FOLLOWING: 315
(1) AWARD THE PREVAILING PARTY REASONABLE ATTORNEY'S FEES, 318
COURT COSTS, AND REASONABLE EXPENSES ASSOCIATED WITH THE CIVIL 319
ACTION;
(2) AWARD TREBLE DAMAGES AGAINST A PARTY IDENTIFIED IN 321
DIVISION (E) OF SECTION 2741.02 OF THE REVISED CODE WHO HAS 322
KNOWLEDGE OF THE UNAUTHORIZED USE OF THE PERSONA AS PROHIBITED BY 324
SECTION 2741.02 OF THE REVISED CODE; 325
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(3) ORDER TEMPORARY OR PERMANENT INJUNCTIVE RELIEF; 328
(4) ORDER THE IMPOUNDMENT, ON TERMS THE COURT CONSIDERS 330
REASONABLE, OF BOTH OF THE FOLLOWING DURING THE PENDENCY OF A 331
CIVIL ACTION UNDER THIS SECTION: 332
(a) PRODUCTS, MERCHANDISE, GOODS, OR OTHER MATERIALS 335
ALLEGED TO HAVE BEEN MADE OR USED IN VIOLATION OF SECTION 2741.02 336
OF THE REVISED CODE; 338
(b) PLATES, MOLDS, AND MATRICES, OR THE SPECIFIC VIOLATIVE 340
PORTIONS OF MASTERS, TAPES, NEGATIVES, DIGITAL RECORDINGS, 341
ELECTRONIC MEDIA, OR OTHER ITEMS, FROM WHICH PRODUCTS, 342
MERCHANDISE, GOODS, OR OTHER MATERIALS MAY BE MANUFACTURED OR 344
REPRODUCED.
(E) AS PART OF A FINAL JUDGMENT, A COURT MAY ORDER THE 347
DESTRUCTION OR OTHER REASONABLE DISPOSITION OF ITEMS DESCRIBED IN 348
DIVISION (D)(4) OF THIS SECTION. 349
Sec. 2741.08. THE REMEDIES PROVIDED FOR IN THIS CHAPTER 351
ARE IN ADDITION TO ANY OTHER REMEDIES PROVIDED FOR BY STATE OR 352
FEDERAL STATUTE OR COMMON LAW. 353
Sec. 2741.09. (A) THIS CHAPTER DOES NOT APPLY TO ANY OF 356
THE FOLLOWING:
(1)(a) A LITERARY WORK, DRAMATIC WORK, FICTIONAL WORK, 358
HISTORICAL WORK, AUDIOVISUAL WORK, OR MUSICAL WORK REGARDLESS OF 360
THE MEDIA IN WHICH THE WORK APPEARS OR IS TRANSMITTED, OTHER THAN 361
AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT NOT EXEMPT UNDER 362
DIVISION (A)(1)(d) OF THIS SECTION; 363
(b) MATERIAL THAT HAS POLITICAL OR NEWSWORTHY VALUE; 366
(c) ORIGINAL WORKS OF FINE ART; 368
(d) AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR A USE 370
PERMITTED BY DIVISION (A)(1)(a), (b), OR (c) OF THIS SECTION. 372
(2) THE USE OF AN INDIVIDUAL'S NAME TO TRUTHFULLY IDENTIFY 375
THE INDIVIDUAL AS THE AUTHOR OF OR CONTRIBUTOR TO A WRITTEN WORK
OR THE PERFORMER OF A RECORDED PERFORMANCE UNDER CIRCUMSTANCES IN 377
WHICH THE WRITTEN WORK OR THE RECORDED PERFORMANCE IS OTHERWISE 378
LAWFULLY REPRODUCED, EXHIBITED, OR BROADCAST; 379
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(3) THE USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN 381
CONNECTION WITH THE BROADCAST OR REPORTING OF AN EVENT OR TOPIC 382
OF GENERAL OR PUBLIC INTEREST; 383
(4) THE USE OF THE PERSONA OF AN INDIVIDUAL SOLELY IN THE 385
INDIVIDUAL'S ROLE AS A MEMBER OF THE PUBLIC IF THE INDIVIDUAL IS 386
NOT NAMED OR OTHERWISE SINGLED OUT AS AN INDIVIDUAL; 387
(5) A USE OF AN INDIVIDUAL'S PERSONA BY AN INSTITUTION OF 389
HIGHER EDUCATION IF ALL OF THE FOLLOWING APPLY: 390
(a) THE INDIVIDUAL IS OR WAS A STUDENT AT, OR A MEMBER OF 392
THE FACULTY OR STAFF OF, THE INSTITUTION OF HIGHER EDUCATION. 393
(b) THE USE OF THE INDIVIDUAL'S PERSONA IS FOR EDUCATIONAL 395
PURPOSES OR FOR THE PROMOTION OF THE INSTITUTION OF HIGHER 396
EDUCATION AND ITS EDUCATIONAL OR INSTITUTIONAL OBJECTIVES. 398
(6) A USE OF THE PERSONA OF AN INDIVIDUAL THAT IS 400
PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES 402
CONSTITUTION AS LONG AS THE USE DOES NOT CONVEY OR REASONABLY
SUGGEST ENDORSEMENT BY THE INDIVIDUAL WHOSE PERSONA IS AT ISSUE. 403
(B) THIS CHAPTER DOES NOT AFFECT RIGHTS OR PRIVILEGES 405
RECOGNIZED UNDER THE OHIO CONSTITUTION OR UNITED STATES 407
CONSTITUTION.
Section 2. The enactment of Chapter 2741. of the Revised 409
Code by this act does not abrogate the common law relating to 410
privacy as recognized by the Ohio courts in Zacchini v. 411
Scripps-Howard Broadcasting Co. (1978), 54 Ohio St.2d 286; 412
Zacchini v. Scripps-Howard Broadcasting Co. (1976), 47 Ohio St.2d 414
129, rev'd on other grounds, (1977) 433 U.S. 562; Vinci v. 415
American Can Co. (Cuyahoga Cty. 1990), 69 Ohio App.3d 727; and 416
Bajpayee v. Rothermich (Franklin Cty. 1977), 53 Ohio App.2d 117. 417