To enact sections 2741.01, 2741.02, 2741.03, 2741.04, 2741.05, 2741.06, 2741.07, 2741.08, and 2741.09 of the Revised Code to create a right of publicity in an individual's "persona," to declare that the right of publicity is a property right, to specify that the right of publicity is transferable and descendible, to create a cause of action for the unauthorized commercial use of an individual's persona, and to provide a four-year statute of limitations for bringing an action of that nature.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 2741.01. AS USED IN THIS CHAPTER:

(A) "PERSONA" MEANS A LIVING OR DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, IMAGE, LIKENESS, DISTINCTIVE APPEARANCE, GESTURES, OR MANNERISMS.

(B) "COMMERCIAL PURPOSE" MEANS THE USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN ANY OF THE FOLLOWING MANNERS:

(1) ON OR IN CONNECTION WITH A PRODUCT, MERCHANDISE, GOODS, SERVICES, OR COMMERCIAL ACTIVITIES;

(2) FOR ADVERTISING OR SOLICITING THE PURCHASE OF PRODUCTS, MERCHANDISE, GOODS, OR SERVICES OR OTHER COMMERCIAL ACTIVITIES;

(3) FOR THE PURPOSE OF FUNDRAISING.

(C) "NAME" MEANS THE ACTUAL, ASSUMED, OR CLEARLY IDENTIFIABLE NAME OF A LIVING OR DECEASED INDIVIDUAL THAT IS INTENDED TO IDENTIFY THE INDIVIDUAL.

(D) "NEWS REPORTING OR ENTERTAINMENT MEDIUM" MEANS A MEDIUM THAT PUBLISHES, BROADCASTS, OR DISSEMINATES ADVERTISING OR REPORTING OF EVENTS OR TOPICS OF GENERAL OR PUBLIC INTEREST IN THE NORMAL COURSE OF ITS BUSINESS THROUGH ANY OF THE FOLLOWING MEANS:

(1) MAGAZINES;

(2) NEWSPAPERS;

(3) RADIO OR TELEVISION NETWORKS AND STATIONS;

(4) CABLE TELEVISION STATIONS;

(5) THE INTERNET, ON-LINE COMPUTER SERVICES, OR ANY SIMILAR MEANS OF ELECTRONIC TRANSMISSION OF INFORMATION.

(E) "RIGHT OF PUBLICITY" MEANS THE PROPERTY RIGHT IN AN INDIVIDUAL'S PERSONA TO USE THE INDIVIDUAL'S PERSONA FOR A COMMERCIAL PURPOSE.

(F) "TRIER OF FACT" MEANS THE JURY OR, IN A NONJURY ACTION, THE COURT.

Sec. 2741.02. (A) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) OF THIS SECTION, A PERSON SHALL NOT USE ANY ASPECT OF AN INDIVIDUAL'S PERSONA FOR A COMMERCIAL PURPOSE DURING THE INDIVIDUAL'S LIFETIME OR FOR A PERIOD OF ONE HUNDRED YEARS AFTER THE DATE OF THE INDIVIDUAL'S DEATH.

(B) A PERSON MAY USE AN INDIVIDUAL'S PERSONA FOR A COMMERCIAL PURPOSE DURING THE INDIVIDUAL'S LIFETIME AND FOR A PERIOD NOT TO EXCEED ONE HUNDRED YEARS AFTER THE DATE OF THE INDIVIDUAL'S DEATH IF THE PERSON FIRST OBTAINS THE WRITTEN CONSENT TO USE THE INDIVIDUAL'S PERSONA FROM A PERSON SPECIFIED IN SECTION 2741.05 OF THE REVISED CODE. IF AN INDIVIDUAL WHOSE PERSONA IS AT ISSUE HAS DIED, A PERSON SHALL OBTAIN CONSENT TO USE THE INDIVIDUAL'S PERSONA FROM A PERSON SPECIFIED IN SECTION 2741.05 OF THE REVISED CODE WHO OWNS THE INDIVIDUAL'S RIGHT OF PUBLICITY.

A PERSON SHALL OBTAIN THE CONSENT TO USE AN INDIVIDUAL'S PERSONA REGARDLESS OF WHETHER THE INDIVIDUAL USES, AUTHORIZES, HAD USED, OR HAD AUTHORIZED THE USE OF THE INDIVIDUAL'S PERSONA FOR A COMMERCIAL PURPOSE DURING THE INDIVIDUAL'S LIFETIME. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN A PERSON SPECIFIED IN SECTION 2741.05 OF THE REVISED CODE AND A PERSON TO WHOM THAT PERSON GRANTS CONSENT TO USE AN INDIVIDUAL'S RIGHT OF PUBLICITY, A CONSENT OBTAINED BEFORE AN INDIVIDUAL DIES REMAINS VALID AFTER THE INDIVIDUAL'S DEATH.

Sec. 2741.03. EXCEPT AS OTHERWISE PROVIDED IN SECTION 2741.09 OF THE REVISED CODE, THIS CHAPTER APPLIES ONLY TO THE FOLLOWING:

(A) THE RIGHT OF PUBLICITY IN THE PERSONA OF AN INDIVIDUAL WHOSE DOMICILE OR RESIDENCE IS IN THIS STATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION;

(B) THE RIGHT OF PUBLICITY IN THE PERSONA OF AN INDIVIDUAL WHO DIED ON OR AFTER JANUARY 1, 1898, AND WHOSE DOMICILE OR RESIDENCE BEFORE THE EFFECTIVE DATE OF THIS SECTION WAS IN THIS STATE ON THE DATE OF THE INDIVIDUAL'S DEATH;

(C) AN ACT OR EVENT THAT INFRINGES UPON AN INDIVIDUAL'S RIGHT OF PUBLICITY AND THAT OCCURS WITHIN THIS STATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, REGARDLESS OF AN INDIVIDUAL'S DOMICILE OR RESIDENCE.

Sec. 2741.04. THE RIGHT OF PUBLICITY IN AN INDIVIDUAL'S PERSONA IS A PROPERTY RIGHT THAT IS FREELY TRANSFERABLE AND DESCENDIBLE, IN WHOLE OR IN PART, BY ANY OF THE FOLLOWING MEANS:

(A) CONTRACT;

(B) LICENSE;

(C) GIFT;

(D) TRUST;

(E) WILL;

(F) OPERATION OF THE LAWS OF INTESTATE SUCCESSION APPLICABLE TO THE STATE ADMINISTERING THE MAJORITY OF THE REAL AND PERSONAL PROPERTY OF AN INDIVIDUAL WHO DIED INTESTATE, REGARDLESS OF WHETHER THAT STATE RECOGNIZES THE RIGHT OF PUBLICITY AS A PROPERTY RIGHT.

Sec. 2741.05. (A) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN AGREEMENT TRANSFERRING AN ASPECT OF AN INDIVIDUAL'S RIGHT OF PUBLICITY, ONLY THE FOLLOWING PERSONS MAY GRANT CONSENT TO USE AN INDIVIDUAL'S PERSONA FOR COMMERCIAL USE:

(1) A PERSON OR PERSONS, INCLUDING THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS AT ISSUE, WHO COLLECTIVELY OWN MORE THAN FIFTY PER CENT OF THE INDIVIDUAL'S RIGHT OF PUBLICITY, SUBJECT TO THE TERMS OF ANY OTHER LICENSES REGARDING THAT RIGHT OF PUBLICITY;

(2) A PERSON, INCLUDING A LICENSEE OF THE INDIVIDUAL'S RIGHT OF PUBLICITY, WHO IS EXPRESSLY AUTHORIZED IN WRITING TO GRANT CONSENT BY A PERSON IN DIVISION (A)(1) OF THIS SECTION.

(B) A PERSON SPECIFIED IN DIVISION (A) OF THIS SECTION MAY DO BOTH OF THE FOLLOWING:

(1) GRANT A PERSON CONSENT TO USE ALL OR PART OF AN INDIVIDUAL'S RIGHT OF PUBLICITY;

(2) LIMIT, RESTRICT, OR PLACE CONDITIONS ON HOW A PERSON TO WHOM CONSENT IS GRANTED PURSUANT TO THIS SECTION MAY USE AN INDIVIDUAL'S RIGHT OF PUBLICITY.

Sec. 2741.06. (A) THE FOLLOWING PERSONS MAY BRING A CIVIL ACTION TO ENFORCE THE RIGHTS SET FORTH IN THIS CHAPTER:

(1) A PERSON OR PERSONS, INCLUDING AN INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS AT ISSUE, WHO COLLECTIVELY OWN ALL OF AN INDIVIDUAL'S RIGHT OF PUBLICITY, SUBJECT TO ANY LICENSES REGARDING THAT RIGHT OF PUBLICITY;

(2) A PERSON, INCLUDING A LICENSEE OF AN INDIVIDUAL'S RIGHT OF PUBLICITY, WHO IS EXPRESSLY AUTHORIZED IN WRITING BY THE OWNER OR OWNERS OF AN INDIVIDUAL'S RIGHT OF PUBLICITY TO BRING A CIVIL ACTION;

(3) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN AGREEMENT TRANSFERRING AN ASPECT OF AN INDIVIDUAL'S RIGHT OF PUBLICITY AND SUBJECT TO DIVISION (C) OF THIS SECTION, A PERSON TO WHOM OWNERSHIP OR ANY PORTION OF OWNERSHIP OF AN INDIVIDUAL'S RIGHT OF PUBLICITY HAS BEEN TRANSFERRED.

(B) BEFORE BRINGING A CIVIL ACTION, A PERSON WHO OWNS LESS THAN ALL OF AN INDIVIDUAL'S RIGHT OF PUBLICITY SHALL NOTIFY THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS THE SUBJECT OF THE PROPOSED ACTION, IF LIVING, BY REGULAR MAIL ADDRESSED TO THE LAST KNOWN ADDRESS OF THAT INDIVIDUAL. THE PERSON ALSO SHALL NOTIFY ANY PERSONS TO WHOM THE INDIVIDUAL'S RIGHT OF PUBLICITY HAS BEEN TRANSFERRED OF THE PROPOSED CIVIL ACTION BY THE FOLLOWING MEANS:

(1) REGULAR MAIL ADDRESSED TO THE LAST KNOWN ADDRESS OF EACH TRANSFEREE;

(2) IF THE ADDRESS OF THE TRANSFEREE IS NOT KNOWN, BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS THE SUBJECT OF THE PROPOSED CIVIL ACTION RESIDES, OR, IN THE CASE OF A DECEASED INDIVIDUAL, IN THE COUNTY IN WHICH THE INDIVIDUAL'S ESTATE HAS BEEN OR WOULD HAVE BEEN ADMITTED TO PROBATE.

(C) THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS THE SUBJECT OF THE PROPOSED CIVIL ACTION, AND ANY PERSON TO WHOM OWNERSHIP OF THAT RIGHT OF PUBLICITY HAS BEEN TRANSFERRED, MAY OBJECT TO THE PROPOSED CIVIL ACTION WITHIN TWENTY DAYS FROM THE DATE OF THE MAILING OF THE NOTICE REFERRED TO IN DIVISION (B) OF THIS SECTION OR SIXTY DAYS FROM THE DATE OF PUBLICATION REFERRED TO IN THAT DIVISION BY GIVING WRITTEN NOTICE OF THE OBJECTION TO THE PERSON PROPOSING THE CIVIL ACTION. IF THE INDIVIDUAL OR TRANSFEREE DOES NOT OBJECT TO THE CIVIL ACTION WITHIN THE TIME PERIOD SPECIFIED IN THIS DIVISION, THE INDIVIDUAL OR TRANSFEREE IS FOREVER BARRED FROM OBJECTING TO THAT ACTION.

A PERSON MAY NOT BRING A CIVIL ACTION IF A PERSON OR PERSONS, INCLUDING THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY IS THE SUBJECT OF THE PROPOSED CIVIL ACTION, WHO COLLECTIVELY OWN MORE THAN FIFTY PER CENT OF THE INDIVIDUAL'S RIGHT OF PUBLICITY OBJECT TO THE PROPOSED CIVIL ACTION.

(D) A PERSON, OTHER THAN A LICENSEE OF AN INDIVIDUAL'S RIGHT OF PUBLICITY, WHO OWNS LESS THAN ALL OF AN INDIVIDUAL'S RIGHT OF PUBLICITY AND WHO BRINGS A CIVIL ACTION UNDER THIS CHAPTER SHALL ACCOUNT TO ANY OTHER PERSON OWNING AN INTEREST IN THAT RIGHT OF PUBLICITY TO THE EXTENT OF THE OTHER PERSON'S INTEREST WITH RESPECT TO ANY NET RECOVERY IN A CIVIL ACTION LESS THE PERSON'S COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES.

Sec. 2741.07. (A) A PERSON WHO VIOLATES SECTION 2741.02 OR 2741.05 OF THE REVISED CODE IS LIABLE IN A CIVIL ACTION TO THE PERSON INJURED BY THE VIOLATION FOR BOTH OF THE FOLLOWING:

(1) MONETARY DAMAGES IN THE AMOUNT OF TEN THOUSAND DOLLARS OR ACTUAL DAMAGES, WHICHEVER IS GREATER. THE TRIER OF FACT SHALL INCLUDE ANY PROFITS A PERSON DERIVED FROM THE UNAUTHORIZED COMMERCIAL USE OF AN INDIVIDUAL'S PERSONA IN CALCULATING THE AWARD OF ACTUAL DAMAGES UNDER THIS DIVISION.

(2) AT THE ELECTION OF THE INJURED PERSON, TREBLE DAMAGES OR, IF APPLICABLE PURSUANT TO SECTION 2315.21 OF THE REVISED CODE, PUNITIVE OR EXEMPLARY DAMAGES.

(B) EACH PARTY HAS THE RIGHT TO A JURY TRIAL OF THE ACTION. TO ASSERT THE RIGHT, A PARTY SHALL DEMAND A JURY TRIAL IN THE MANNER PRESCRIBED IN THE RULES OF CIVIL PROCEDURE. IF A PARTY DEMANDS A JURY TRIAL IN THAT MANNER, THE ACTION SHALL BE TRIED TO A JURY.

(C) AN ACTION UNDER THIS SECTION SHALL BE BROUGHT WITHIN FOUR YEARS AFTER A PERSON SPECIFIED IN SECTION 2741.05 OF THE REVISED CODE HAS ACTUAL KNOWLEDGE OF A VIOLATION OF THIS CHAPTER.

(D) A COURT MAY DO ANY OF THE FOLLOWING:

(1) AWARD THE PREVAILING PARTY REASONABLE ATTORNEY'S FEES, COURT COSTS, AND REASONABLE EXPENSES ASSOCIATED WITH THE CIVIL ACTION;

(2) ORDER TEMPORARY OR PERMANENT INJUNCTIVE RELIEF;

(3) ORDER THE IMPOUNDMENT, ON TERMS THE COURT DEEMS REASONABLE, OF BOTH OF THE FOLLOWING DURING THE PENDENCY OF A CIVIL ACTION UNDER THIS CHAPTER:

(a) PRODUCTS, MERCHANDISE, GOODS, OR OTHER MATERIALS ALLEGED TO HAVE BEEN MADE OR USED IN VIOLATION OF SECTION 2741.02 OF THE REVISED CODE;

(b) PLATES, MOLDS, MATRICES, MASTERS, TAPES, NEGATIVES, DIGITAL RECORDINGS, ELECTRONIC MEDIA, OR OTHER ITEMS FROM WHICH PRODUCTS, MERCHANDISE, GOODS, OR OTHER MATERIALS MAY BE MANUFACTURED OR REPRODUCED.

(E) AS PART OF A FINAL JUDGMENT, A COURT MAY ORDER THE DESTRUCTION OR OTHER REASONABLE DISPOSITION OF ITEMS DESCRIBED IN DIVISION (D)(3) OF THIS SECTION.

Sec. 2741.08. THE REMEDIES PROVIDED FOR IN THIS CHAPTER ARE IN ADDITION TO ANY OTHER REMEDIES PROVIDED FOR BY STATE OR FEDERAL STATUTE OR COMMON LAW.

Sec. 2741.09. (A) THIS CHAPTER DOES NOT APPLY TO ANY OF THE FOLLOWING:

(1) THE USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN ANY OF THE FOLLOWING MEDIA IF THAT USE DOES NOT CONVEY OR REASONABLY SUGGEST THAT THE INDIVIDUAL ENDORSES THE WORK, COMPOSITION, OR PROGRAM INVOLVED:

(a) THE INTERNET, ON-LINE COMPUTER SERVICES, AND SIMILAR MEANS OF ELECTRONIC TRANSMISSION OF INFORMATION, LITERARY WORKS, THEATRICAL WORKS, MUSICAL COMPOSITIONS, FILM, VIDEOTAPE, PHOTOGRAPHS, RADIO, OR TELEVISION PROGRAMS TO THE EXTENT THAT THE USAGE OF AN ASPECT OF THE INDIVIDUAL'S PERSONA IS PERMITTED UNDER THE OHIO CONSTITUTION OR UNITED STATES CONSTITUTION;

(b) MATERIAL THAT HAS POLITICAL OR NEWSWORTHY VALUE;

(c) ORIGINAL WORKS OF FINE ART.

(2) THE USE OF AN INDIVIDUAL'S PERSONA IN PROMOTIONAL MATERIALS, COMMERCIAL ANNOUNCEMENTS, OR ADVERTISEMENTS FOR A NEWS REPORTING OR ENTERTAINMENT MEDIUM THAT SATISFIES ALL OF THE FOLLOWING CRITERIA:

(a) THE PROMOTIONAL MATERIALS, COMMERCIAL ANNOUNCEMENTS, OR ADVERTISEMENTS USE ALL OR PART OF A PAST EDITION OF THE MEDIUM'S OWN BROADCAST OR PUBLICATION CONTAINING ASPECTS OF THE INDIVIDUAL'S PERSONA.

(b) THE PROMOTIONAL MATERIALS, COMMERCIAL ANNOUNCEMENTS, OR ADVERTISEMENTS DO NOT CONVEY OR REASONABLY SUGGEST THAT THE INDIVIDUAL ENDORSES THE NEWS REPORTING OR ENTERTAINMENT MEDIUM.

(c) THE PROMOTIONAL MATERIALS, COMMERCIAL ANNOUNCEMENTS, OR ADVERTISEMENTS PROMOTE, ANNOUNCE, OR ADVERTISE AN ASPECT OF THE INDIVIDUAL'S PERSONA THAT IS EXCLUDED FROM THIS CHAPTER UNDER DIVISION (A) OF THIS SECTION.

(3) THE USE OF AN INDIVIDUAL'S NAME TO TRUTHFULLY IDENTIFY THE INDIVIDUAL AS THE AUTHOR OF A WRITTEN WORK OR THE PERFORMER OF A RECORDED PERFORMANCE UNDER CIRCUMSTANCES IN WHICH THE WRITTEN WORK OR THE RECORDED PERFORMANCE IS OTHERWISE LAWFULLY REPRODUCED, EXHIBITED, OR BROADCAST.

(4) THE USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN CONNECTION WITH THE BROADCAST OR REPORTING OF AN EVENT OR TOPIC OF GENERAL OR PUBLIC INTEREST.

(B) A PERSON WHO HOLDS A COPYRIGHT AND WHO AUTHORIZES A PERSON TO REPRODUCE, PERFORM, DISPLAY, PREPARE DERIVATIVE WORKS OF, OR DISTRIBUTE COPIES OF A COPYRIGHTED WORK DOES NOT CONVEY TO THAT PERSON THE RIGHT OF PUBLICITY IN THE PERSONA OF AN INDIVIDUAL DEPICTED IN THAT WORK UNLESS THE PERSON WHO HOLDS THE COPYRIGHT HAS OBTAINED THE RIGHT OF PUBLICITY OR CONSENT TO USE THE RIGHT OF PUBLICITY FROM A PERSON SPECIFIED IN SECTION 2741.05 OF THE REVISED CODE.

(C) THIS CHAPTER DOES NOT AFFECT RIGHTS OR PRIVILEGES RECOGNIZED UNDER THE OHIO CONSTITUTION OR UNITED STATES CONSTITUTION WITH RESPECT TO A NEWS REPORTING OR ENTERTAINMENT MEDIUM.