Louisiana Revised Statutes 51:470.3 – A. Every individual has a property right in connection with the use of that individual’s identity for commercial purposes.
Terms Used In Louisiana Revised Statutes 51:470.3
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authorized representative: means an assignee, licensee, executor, heir, legatee, or other representative of an individual. See Louisiana Revised Statutes 51:470.2
- Commercial purposes: means the use of an individual's identity for any of the following purposes:
(a) On or in connection with products, merchandise, goods, services, commercial activities, or performances. See Louisiana Revised Statutes 51:470.2
- Identity: means an individual's name, voice, signature, photograph, image, likeness, or digital replica. See Louisiana Revised Statutes 51:470.2
- Individual: means a living natural person domiciled in Louisiana or a deceased natural person who was domiciled in Louisiana at the time of the individual's death. See Louisiana Revised Statutes 51:470.2
- 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.
- Performance: means the use of a digital replica to substitute for a performance by a professional performer in a work in which the professional performer did not actually appear. See Louisiana Revised Statutes 51:470.2
A. Every individual has a property right in connection with the use of that individual’s identity for commercial purposes.
B. The identity rights provided in this Subpart constitute property rights that do not expire upon the death of the individual so protected, regardless of whether such rights were commercially exploited by the individual during the individual’s lifetime. Notwithstanding the foregoing, the identity rights with respect to a performance in audiovisual works shall expire upon the death of the individual.
C. Identity rights are heritable, licensable, assignable, and transferable to the executors, heirs, legatees, assignees, or licensees of the individual.
D. Any transfer or exclusive license of an individual’s identity rights is not valid unless in writing and signed by the individual or the individual’s authorized representative, or if the individual is deceased, by more than fifty percent of the authorized representatives holding the rights specified in the transfer or license. An exclusive licensee of an individual’s identity rights may, within the scope of and to the extent permitted by the license, assert a claim against a third party for a violation of this Subpart.
E. The identity rights provided by this Subpart shall terminate upon the earlier of either of the following:
(1) Proof of nonuse of the individual’s identity for commercial purposes by an individual’s authorized representative for a period of three consecutive years following the individual’s death.
(2) Fifty years following the individual’s death.
F. The rights provided by this Subpart apply to all individuals whether or not the individual died before, on, or after August 1, 2022. If the individual died before August 1, 2022, the rights are considered to have existed on and after the date the individual died. Notwithstanding the foregoing, a claim for a violation of an individual’s identity rights may not be asserted under this Subpart unless the alleged act or event of violation occurs after August 1, 2022.
G . Rights under this Subpart are not subject to levy or attachment and may not be the subject of a security interest, marital property distribution, or debt collection. Nothing in this Section limits the ability to levy, attach, or obtain a security interest in the proceeds of the exercise of the rights under this Subpart, if the individual chooses to exercise his rights, or as otherwise ordered by a court of competent jurisdiction.
Acts 2022, No. 425, §1.