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As Reported by House Civil and Commercial Law Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 54 |
SENATORS CARNES-LATTA-McLIN-MUMPER-HERINGTON-SHOEMAKER-
FINAN-ARMBRUSTER-GARDNER-SPADA-WACHTMANN-DRAKE-PRENTISS-
REPRESENTATIVE S
BUCHY-SALERNO
A BILL
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:
Section 1. That sections 2741.01, 2741.02, 2741.03, 2741.04,
2741.05, 2741.06, 2741.07, 2741.08, and 2741.09 of the Revised
Code be enacted to read as follows:
Sec. 2741.01. AS USED IN THIS CHAPTER:
(A) "PERSONA" MEANS AN INDIVIDUAL'S NAME, VOICE, SIGNATURE,
PHOTOGRAPH, IMAGE, LIKENESS, OR DISTINCTIVE APPEARANCE, IF ANY OF THESE
ASPECTS HAVE COMMERCIAL VALUE.
(B) "COMMERCIAL PURPOSE"
MEANS THE USE OF OR REFERENCE TO AN ASPECT OF AN INDIVIDUAL'S PERSONA IN ANY
OF THE FOLLOWING MANNERS:
(1) ON OR IN CONNECTION WITH A PLACE, PRODUCT, MERCHANDISE,
GOODS, SERVICES, OR OTHER COMMERCIAL ACTIVITIES NOT EXPRESSLY EXEMPTED UNDER
THIS CHAPTER;
(2) FOR ADVERTISING OR SOLICITING THE PURCHASE OF
PRODUCTS, MERCHANDISE, GOODS, SERVICES, OR OTHER COMMERCIAL
ACTIVITIES NOT EXPRESSLY EXEMPTED UNDER THIS CHAPTER;
(3) FOR THE PURPOSE OF PROMOTING TRAVEL TO A PLACE;
(4) FOR THE PURPOSE OF FUNDRAISING.
(C) "NAME" MEANS THE
ACTUAL, ASSUMED, OR CLEARLY IDENTIFIABLE NAME OF OR REFERENCE TO A LIVING OR
DECEASED INDIVIDUAL THAT IDENTIFIES THE INDIVIDUAL.
(D) "RIGHT OF PUBLICITY"
MEANS THE PROPERTY RIGHT IN AN INDIVIDUAL'S PERSONA TO USE THE
INDIVIDUAL'S PERSONA FOR A COMMERCIAL PURPOSE.
(E) "TRIER OF FACT"
MEANS THE JURY OR, IN A NONJURY ACTION, THE COURT.
(F) "WRITTEN CONSENT" INCLUDES WRITTEN, ELECTRONIC, DIGITAL, OR
ANY OTHER VERIFIABLE MEANS OF AUTHORIZATION.
(G) "INSTITUTION OF HIGHER EDUCATION" MEANS A STATE INSTITUTION
OF HIGHER EDUCATION AS DEFINED IN SECTION 3345.011 OF THE REVISED
CODE, A PRIVATE NONPROFIT COLLEGE OR UNIVERSITY
LOCATED IN THIS STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION
ISSUED BY THE OHIO BOARD OF REGENTS PURSUANT TO CHAPTER
1713. OF THE REVISED CODE, OR A SCHOOL LOCATED IN THIS STATE
THAT
POSSESSES A CERTIFICATE OF REGISTRATION AND ONE OR MORE PROGRAM AUTHORIZATIONS
ISSUED BY THE STATE BOARD OF PROPRIETARY SCHOOL
REGISTRATION UNDER CHAPTER 3332. OF THE REVISED
CODE.
Sec. 2741.02. (A) EXCEPT AS OTHERWISE PROVIDED IN 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 SIXTY 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 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 MAY USE THE INDIVIDUAL'S PERSONA FOR A
COMMERCIAL PURPOSE IF EITHER OF THE FOLLOWING APPLIES:
(1) 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 WHO OWNS THE INDIVIDUAL'S
RIGHT OF PUBLICITY.
(2) THE NAME OF THE INDIVIDUAL WHOSE PERSONA IS USED WAS THE NAME OF A
BUSINESS ENTITY OR A TRADE NAME AT THE TIME OF THE INDIVIDUAL'S DEATH.
(C) 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 THE DEATH OF AN INDIVIDUAL WHOSE PERSONA IS AT ISSUE
REMAINS VALID AFTER THE INDIVIDUAL'S DEATH.
(D) FOR PURPOSES OF THIS SECTION:
(1) A USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN CONNECTION
WITH ANY NEWS, PUBLIC AFFAIRS, SPORTS BROADCAST, OR ACCOUNT DOES NOT
CONSTITUTE A USE FOR WHICH CONSENT IS REQUIRED UNDER DIVISION (A)
OF THIS SECTION.
(2) A USE OF AN ASPECT OF AN INDIVIDUAL'S PERSONA IN CONNECTION
WITH ANY POLITICAL CAMPAIGN AND IN COMPLIANCE WITH TITLE
XXXV OF THE REVISED CODE DOES NOT CONSTITUTE A USE
FOR WHICH CONSENT IS REQUIRED UNDER DIVISION (A) OF THIS SECTION.
(E) THE OWNERS OR EMPLOYEES OF ANY MEDIUM USED FOR ADVERTISING,
INCLUDING BUT NOT LIMITED TO, A NEWSPAPER, MAGAZINE, RADIO OR TELEVISION
NETWORK OR STATION, CABLE
TELEVISION SYSTEM, BILLBOARD, TRANSIT AD, AND GLOBAL
COMMUNICATIONS NETWORK, BY WHOM ANY ADVERTISEMENT OR SOLICITATION
IN VIOLATION OF THIS SECTION IS PUBLISHED OR DISSEMINATED ARE NOT
LIABLE UNDER THIS SECTION OR SECTION 2741.07 of the Revised Code UNLESS IT IS ESTABLISHED
THAT THOSE
OWNERS OR EMPLOYEES HAD KNOWLEDGE OF THE UNAUTHORIZED USE
OF THE PERSONA AS PROHIBITED BY THIS SECTION.
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, 1998, AND WHOSE DOMICILE OR RESIDENCE
WAS IN THIS STATE ON THE DATE OF THE INDIVIDUAL'S DEATH.
Sec. 2741.04. THE RIGHT OF PUBLICITY IN AN INDIVIDUAL'S
PERSONA 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 A COMMERCIAL
PURPOSE:
(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 OR PERSONS SPECIFIED IN DIVISION
(A)(1) OF THIS SECTION.
(B) A PERSON OR PERSONS SPECIFIED
IN DIVISION (A) OF THIS SECTION
MAY DO ONE OR BOTH OF THE FOLLOWING:
(1) GRANT A PERSON OR PERSONS CONSENT TO USE ALL OR PART OF AN
INDIVIDUAL'S RIGHT OF PUBLICITY FOR A COMMERCIAL PURPOSE;
(2) LIMIT, RESTRICT, OR PLACE CONDITIONS ON HOW A PERSON OR PERSONS
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 UNDER THIS SECTION, 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,
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 BROUGHT UNDER
THIS SECTION,
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 UNDER THIS SECTION 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)(1) A
PERSON WHO VIOLATES SECTION 2741.02 OF THE
REVISED CODE IS LIABLE IN A CIVIL
ACTION TO THE PERSON INJURED BY THE VIOLATION FOR THE
FOLLOWING:
(a) ACTUAL DAMAGES, INCLUDING ANY PROFITS DERIVED FROM AND
ATTRIBUTABLE TO THE UNAUTHORIZED USE OF AN INDIVIDUAL'S PERSONA FOR A
COMMERCIAL PURPOSE AS
DETERMINED UNDER DIVISION (A)(2) OF THIS SECTION;
(b) AT THE ELECTION OF THE
PLAINTIFF AND IN LIEU OF ACTUAL DAMAGES, STATUTORY DAMAGES IN THE
AMOUNT OF AT LEAST TWO THOUSAND FIVE HUNDRED DOLLARS AND NOT MORE
THAN TEN THOUSAND DOLLARS, AS DETERMINED IN THE DISCRETION OF THE
TRIER OF FACT, TAKING INTO ACCOUNT THE WILLFULNESS OF THE
VIOLATION, THE HARM TO THE PERSONA IN QUESTION, AND THE ABILITY OF
THE DEFENDANT TO PAY A CIVIL DAMAGE AWARD;
(c) IF APPLICABLE PURSUANT TO SECTION 2315.21 OF THE
REVISED
CODE, PUNITIVE OR EXEMPLARY
DAMAGES.
(2) THE TRIER OF FACT SHALL INCLUDE ANY PROFITS DERIVED FROM AND
ATTRIBUTABLE TO THE UNAUTHORIZED USE OF AN INDIVIDUAL'S PERSONA FOR A
COMMERCIAL PURPOSE IN
CALCULATING THE
AWARD OF ACTUAL DAMAGES UNDER DIVISION (A)(1)(a) OF
THIS SECTION.
(B) EACH PARTY HAS THE
RIGHT TO A JURY TRIAL OF AN ACTION UNDER THIS SECTION. 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 OF A VIOLATION OF SECTION 2741.02
of the Revised Code.
(D) A COURT IN WHICH AN ACTION UNDER THIS SECTION IS BROUGHT 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) AWARD TREBLE DAMAGES AGAINST A PARTY IDENTIFIED IN DIVISION
(E) OF SECTION 2741.02 OF THE REVISED CODE WHO HAS
KNOWLEDGE OF THE
UNAUTHORIZED USE OF THE PERSONA AS PROHIBITED BY SECTION 2741.02
OF THE REVISED CODE;
(3) ORDER TEMPORARY OR PERMANENT INJUNCTIVE
RELIEF;
(4) ORDER THE IMPOUNDMENT, ON TERMS THE COURT CONSIDERS
REASONABLE, OF BOTH OF THE FOLLOWING DURING THE PENDENCY OF A
CIVIL ACTION UNDER THIS SECTION:
(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, AND MATRICES, OR THE SPECIFIC VIOLATIVE
PORTIONS OF 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)(4) 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)(a) A LITERARY WORK, DRAMATIC WORK, FICTIONAL WORK,
HISTORICAL
WORK, AUDIOVISUAL WORK, OR MUSICAL WORK REGARDLESS OF THE MEDIA IN WHICH THE
WORK APPEARS OR IS TRANSMITTED, OTHER THAN AN ADVERTISEMENT OR COMMERCIAL
ANNOUNCEMENT NOT EXEMPT UNDER DIVISION (A)(1)(d) OF
THIS SECTION;
(b) MATERIAL THAT HAS POLITICAL OR NEWSWORTHY
VALUE;
(c) ORIGINAL WORKS OF FINE ART;
(d) AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR A USE
PERMITTED BY DIVISION (A)(1)(a), (b), OR
(c) OF THIS SECTION.
(2) THE USE OF AN INDIVIDUAL'S NAME TO TRUTHFULLY
IDENTIFY THE INDIVIDUAL AS THE AUTHOR OF OR CONTRIBUTOR TO 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;
(3) 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;
(4) THE USE OF THE PERSONA OF AN INDIVIDUAL SOLELY IN THE INDIVIDUAL'S
ROLE AS A MEMBER OF THE PUBLIC IF THE INDIVIDUAL IS NOT NAMED OR OTHERWISE
SINGLED OUT AS AN INDIVIDUAL;
(5) A USE OF AN INDIVIDUAL'S PERSONA BY AN INSTITUTION OF HIGHER
EDUCATION IF ALL OF THE FOLLOWING APPLY:
(a) THE INDIVIDUAL IS OR WAS A STUDENT AT, OR A MEMBER OF THE
FACULTY OR STAFF OF, THE INSTITUTION OF HIGHER EDUCATION.
(b) THE USE OF THE INDIVIDUAL'S PERSONA IS FOR EDUCATIONAL
PURPOSES OR FOR THE PROMOTION OF THE INSTITUTION OF HIGHER EDUCATION AND ITS
EDUCATIONAL OR
INSTITUTIONAL OBJECTIVES.
(6) A USE OF THE PERSONA OF AN INDIVIDUAL THAT IS PROTECTED BY THE
FIRST AMENDMENT TO THE UNITED STATES
CONSTITUTION AS LONG AS THE USE DOES NOT CONVEY OR REASONABLY SUGGEST
ENDORSEMENT BY THE INDIVIDUAL WHOSE PERSONA IS AT ISSUE.
(B) THIS CHAPTER DOES NOT AFFECT RIGHTS OR PRIVILEGES RECOGNIZED
UNDER THE OHIO CONSTITUTION OR UNITED
STATES CONSTITUTION.
Section 2. The enactment of Chapter 2741. of the Revised Code
by this act does not abrogate the common law relating to privacy
as recognized by the Ohio courts in Zacchini v.
Scripps-Howard Broadcasting Co. (1978), 54 Ohio St.2d 286;
Zacchini v. Scripps-Howard Broadcasting Co. (1976),
47 Ohio St.2d 129, rev'd on other grounds, (1977) 433
U.S. 562; Vinci v. American Can Co. (Cuyahoga Cty.
1990), 69 Ohio App.3d 727; and Bajpayee v. Rothermich
(Franklin Cty. 1977), 53 Ohio App.2d 117.
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