SENATE AMENDED
PRIOR PRINTER'S NO. 222 PRINTER'S NO. 3239
No. 235 Session of 2001
INTRODUCED BY STAIRS, M. BAKER, BARD, BELARDI, BENNINGHOFF,
BISHOP, CALTAGIRONE, CLARK, CLYMER, L. I. COHEN, CORRIGAN,
FEESE, FICHTER, GEIST, GRUCELA, HARHAI, HENNESSEY, HERMAN,
LAUGHLIN, R. MILLER, S. MILLER, READSHAW, SATHER, SCHULER,
SHANER, SOLOBAY, STABACK, T. STEVENSON, E. Z. TAYLOR, TIGUE,
WALKO, C. WILLIAMS, WILT, WOJNAROSKI, HORSEY, GANNON, WOGAN,
SAINATO, MICHLOVIC, MUNDY AND SAYLOR, JANUARY 25, 2001
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
FEBRUARY 5, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 unauthorized publication of name or likeness; and
4 establishing a right of action.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated Statutes
8 is amended by adding a section to read:
9 § 8313 8315. Unauthorized publication of name or likeness. <--
10 (a) General rule.--No person shall publish, print, produce,
11 manufacture, display or otherwise publicly use for any
12 commercial or advertising purpose the name, portrait, voice,
13 photograph or other likeness of any natural person without the
14 express written consent to such use given by:
15 (1) such natural person;
1 (2) any other person, firm or corporation authorized in
2 writing by such natural person to license the commercial use
3 of such natural person's name or likeness; or
4 (3) if such natural person is deceased, any person, firm
5 or corporation authorized in writing to license the
6 commercial use of the decedent's name, portrait, voice,
7 photograph or likeness, or if no person, firm or corporation
8 is so authorized, then by any one from among a class composed
9 of the decedent's surviving spouse and surviving children.
10 (b) Right of action.--In the event the consent required in
11 subsection (a) is not obtained, the natural person whose name,
12 portrait, voice, photograph or other likeness is so used, or any
13 person, firm or corporation authorized by such natural person in
14 writing to license the commercial use of such natural person's
15 name or likeness, or, if the natural person whose likeness is
16 used is deceased, any person, firm or corporation having the
17 right to give such consent, as provided in subsection (a)(3),
18 may bring an action to enjoin such unauthorized publication,
19 printing, production, manufacture, display or other public use
20 and to recover damages for any loss or injury sustained by
21 reason thereof, including an amount which would have been a
22 reasonable royalty and punitive or exemplary damages.
23 (c) Applicability.--The provisions of this section shall not
24 apply to any of the following:
25 (1) the publication, printing, display or use of the
26 name, portrait, voice, photograph or likeness of any natural
27 person in any newspaper, magazine, book, news broadcast or <--
28 telecast, or other news medium or publication COMMUNICATIONS <--
29 MEDIUM as part of any news report or news presentation having
30 public interest and where such name or likeness is not used <--
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1 for advertising purposes;
2 (2) a photograph, video or audio recording of a natural
3 person solely as a member of the public and where such person
4 is not named or otherwise identified in or in connection with
5 the use of such photograph;
6 (3) an expressive work regardless of the media MEDIUM in <--
7 which the work appears or is transmitted, other than when
8 used or employed for a commercial or advertising purpose;
9 (4) material that has political or newsworthy value;
10 (5) an original work of fine art;
11 (6) an announcement for a commercial or advertising
12 purpose for a use permitted by paragraphs (1), (3), (4) or <--
13 (5); or
14 (7) the use of an individual's name to truthfully
15 identify the individual as the author of or contributor to a
16 written work or the performer of a recorded performance under
17 circumstances in which the written work or the recorded
18 performance is lawfully produced, reproduced, exhibited or
19 broadcast.
20 (8) The use of the name, portrait, voice, photograph or
21 other likeness of a deceased natural person pursuant to
22 subsection (a)(3), unless such deceased natural person was
23 domiciled within this Commonwealth at the time of that
24 person's death.
25 (d) Time limitations.--No action shall be brought under this
26 section by reason of any publication, printing, display or other
27 public use of the name or likeness of a natural person occurring
28 after the expiration of 40 years from and after the death of
29 such natural person.
30 (e) Consent by minor.--A consent provided for in subsection
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1 (a) may only be given on behalf of a minor by the guardian of
2 the minor's person or by either parent.
3 (f) Other remedies.--The remedies provided for in this
4 section shall be in addition to and not in limitation of the
5 remedies and rights of any natural person under the common law
6 against the invasion of such person's privacy.
7 (g) Liability of owners and employees OR PERSONS ACTING ON <--
8 THEIR BEHALF AND FOR WHOM THEY BEAR LEGAL RESPONSIBILITY.--The
9 owners or employees, OR PERSONS ACTING ON THEIR BEHALF AND FOR <--
10 WHOM THEY BEAR LEGAL RESPONSIBILITY, of a producer or
11 manufacturer of advertising or commercials or of any
12 COMMUNICATIONS medium used for advertising or commercial <--
13 purposes, including, but not limited to, a newspaper, magazine, <--
14 radio or television network or station, cable television system,
15 billboard, transit ad and global communications network, by whom
16 any advertisement or solicitation in violation of this section
17 is published or disseminated, shall not be liable under this <--
18 section unless it is established that those owners or employees
19 had, OR PERSONS ACTING ON THEIR BEHALF AND FOR WHOM THEY BEAR <--
20 LEGAL RESPONSIBILITY, HAD ACTUAL knowledge of the unauthorized
21 use of the name, portrait, voice, photograph or other likeness
22 of a natural person as prohibited by this section.
23 (h) Definitions.--As used in this section, the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "Children." A natural person's immediate offspring and any
27 children legally adopted by the person.
28 "Commercial or advertising purpose." A communication
29 designed to induce a person to use, purchase or employ a
30 particular product or service.
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1 "COMMUNICATIONS MEDIUM." INCLUDES, BUT IS NOT LIMITED TO, A <--
2 NEWSPAPER, MAGAZINE, BOOK, NEWSLETTER, BILLBOARD, TELEPHONE,
3 RADIO, TELEVISION, RECORDING, COMPUTER SOFTWARE, DIGITAL
4 COMMUNICATIONS NETWORK, TRANSIT AD, MOTION PICTURE OR GLOBAL
5 COMMUNICATIONS NETWORK.
6 "Expressive work." A literary work, dramatic work, fictional
7 work, historical work, audiovisual work or musical work
8 regardless of the media in which it appears or is transmitted.
9 "Surviving spouse." The decedent's surviving spouse under
10 the law of the decedent's domicile at the time of the decedent's
11 death, whether or not the spouse has later remarried.
12 Section 2. This act shall take effect in 60 days.
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