Terms Used In Hawaii Revised Statutes > Chapter 482P - Publicity Rights

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Characteristic: means a distinctive appearance, gesture, or mannerism recognized as an identifying attribute of a personality. See Hawaii Revised Statutes 482P-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deceased individual: includes individuals who died before the enactment of this chapter. See Hawaii Revised Statutes 482P-1
• Deceased personality: includes personalities who died before the enactment of this chapter. See Hawaii Revised Statutes 482P-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 482P-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fund-raising: means an organized activity to solicit donations of money or other goods or services from persons or entities by an organization, company, or public entity. See Hawaii Revised Statutes 482P-1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Individual: means a natural person, living or dead. See Hawaii Revised Statutes 482P-1
• Inter vivos: Transfer of property from one living person to another living person.
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legacy: A gift of property made by will.
• Likeness: means an image, photograph, painting, sketching, model, diagram, or other recognizable representation of an individual's face or body, and includes, in the case of a personality, a characteristic. See Hawaii Revised Statutes 482P-1
• Name: means the actual or assumed name, or nickname, of a living or deceased individual that is intended to identify that individual. See Hawaii Revised Statutes 482P-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person, firm, association, partnership, corporation, company, syndicate, receiver, common law trust, conservator, statutory trust, or any other entity by whatever name known or however organized, formed, or created, and includes nonprofit corporations, associations, educational and religious institutions, political parties, and community, civic, or other organizations. See Hawaii Revised Statutes 482P-1
• Personal property: All property that is not real property.
• Personality: means any individual whose name, voice, signature, likeness, or other attribute of their personality has commercial value, whether or not that individual uses the individual's name, voice, signature, likeness, or other attribute of their personality on or in products, merchandise, goods, or for purposes of marketing, advertising, selling, or soliciting the purchase of products, merchandise, goods, or services. See Hawaii Revised Statutes 482P-1
• Photograph: means any photograph or photographic reproduction, still or moving, or any videotape, online or live television transmission, of any individual, in which the individual is readily identifiable. See Hawaii Revised Statutes 482P-1
• Probate: Proving a will
• Publicity rights name registration: means a registration with the department of commerce and consumer affairs in the manner provided under this chapter. See Hawaii Revised Statutes 482P-1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Signature: means a handwritten or otherwise legally binding form of an individual's name, written or authorized by that individual, that distinguishes the individual from all other individuals. See Hawaii Revised Statutes 482P-1