PRINTER'S NO. 222
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 AND
WOGAN, JANUARY 25, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2001
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. 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;
16 (2) any other person, firm or corporation authorized in
1 writing by such natural person to license the commercial use
2 of such natural person's name or likeness; or
3 (3) if such natural person is deceased, any person, firm
4 or corporation authorized in writing to license the
5 commercial use of the decedent's name, portrait, voice,
6 photograph or likeness, or if no person, firm or corporation
7 is so authorized, then by any one from among a class composed
8 of the decedent's surviving spouse and surviving children.
9 (b) Right of action.--In the event the consent required in
10 subsection (a) is not obtained, the natural person whose name,
11 portrait, voice, photograph or other likeness is so used, or any
12 person, firm or corporation authorized by such natural person in
13 writing to license the commercial use of such natural person's
14 name or likeness, or, if the natural person whose likeness is
15 used is deceased, any person, firm or corporation having the
16 right to give such consent, as provided in subsection (a)(3),
17 may bring an action to enjoin such unauthorized publication,
18 printing, production, manufacture, display or other public use
19 and to recover damages for any loss or injury sustained by
20 reason thereof, including an amount which would have been a
21 reasonable royalty and punitive or exemplary damages.
22 (c) Applicability.--The provisions of this section shall not
23 apply to any of the following:
24 (1) the publication, printing, display or use of the
25 name, portrait, voice, photograph or likeness of any natural
26 person in any newspaper, magazine, book, news broadcast or
27 telecast, or other news medium or publication as part of any
28 news report or news presentation having public interest and
29 where such name or likeness is not used for advertising
30 purposes;
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1 (2) a photograph, video or audio recording of a natural
2 person solely as a member of the public and where such person
3 is not named or otherwise identified in or in connection with
4 the use of such photograph;
5 (3) an expressive work regardless of the media in which
6 the work appears or is transmitted, other than when used or
7 employed for a commercial or advertising purpose;
8 (4) material that has political or newsworthy value;
9 (5) an original work of fine art;
10 (6) an announcement for a commercial or advertising
11 purpose for a use permitted by paragraphs (3), (4) or (5); or
12 (7) the use of an individual's name to truthfully
13 identify the individual as the author of or contributor to a
14 written work or the performer of a recorded performance under
15 circumstances in which the written work or the recorded
16 performance is lawfully produced, reproduced, exhibited or
17 broadcast.
18 (8) The use of the name, portrait, voice, photograph or
19 other likeness of a deceased natural person pursuant to
20 subsection (a)(3), unless such deceased natural person was
21 domiciled within this Commonwealth at the time of that
22 person's death.
23 (d) Time limitations.--No action shall be brought under this
24 section by reason of any publication, printing, display or other
25 public use of the name or likeness of a natural person occurring
26 after the expiration of 40 years from and after the death of
27 such natural person.
28 (e) Consent by minor.--A consent provided for in subsection
29 (a) may only be given on behalf of a minor by the guardian of
30 the minor's person or by either parent.
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1 (f) Other remedies.--The remedies provided for in this
2 section shall be in addition to and not in limitation of the
3 remedies and rights of any natural person under the common law
4 against the invasion of such person's privacy.
5 (g) Liability of owners and employees.--The owners or
6 employees of a producer or manufacturer of advertising or
7 commercials or of any medium used for advertising or commercial
8 purposes, including, but not limited to, a newspaper, magazine,
9 radio or television network or station, cable television system,
10 billboard, transit ad and global communications network, by whom
11 any advertisement or solicitation in violation of this section
12 is published or disseminated shall not be liable under this
13 section unless it is established that those owners or employees
14 had knowledge of the unauthorized use of the name, portrait,
15 voice, photograph or other likeness of a natural person as
16 prohibited by this section.
17 (h) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Children." A natural person's immediate offspring and any
21 children legally adopted by the person.
22 "Commercial or advertising purpose." A communication
23 designed to induce a person to use, purchase or employ a
24 particular product or service.
25 "Expressive work." A literary work, dramatic work, fictional
26 work, historical work, audiovisual work or musical work
27 regardless of the media in which it appears or is transmitted.
28 "Surviving spouse." The decedent's surviving spouse under
29 the law of the decedent's domicile at the time of the decedent's
30 death, whether or not the spouse has later remarried.
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1 Section 2. This act shall take effect in 60 days.
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