§ 51:470.1 This Subpart shall be known and may be cited as the “Allen Toussaint Legacy Act”.
§ 51:470.2 As used in this Subpart, the following words and phrases shall have the following meanings:
§ 51:470.3 A. Every individual has a property right in connection with the use of that individual’s identity for commercial purposes.
§ 51:470.4 A. It shall be a violation of this Subpart for any person to use an individual’s identity for a commercial purpose in Louisiana without having first obtained consent from the individ
§ 51:470.5 A. This Subpart does not affect rights and privileges recognized under other state or federal laws, including those privileges afforded under the “fair use” factors in the United Sta
§ 51:470.6 A. The rights granted by this Subpart are cumulative and shall be in addition to any others provided by law.

Terms Used In Louisiana Revised Statutes > Title 51 > Chapter 1 > Part VIII > Subpart K - Allen Toussaint Legacy Act

  • Access software provider: means a provider of software, including client or server software, or enabling tools that do any one or more of the following:

                (a) Filter, screen, allow, or disallow content. See Louisiana Revised Statutes 51:470.2

  • 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

  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Digital replica: means a computer-generated or electronic reproduction of a professional performer's likeness or voice that is so realistic as to be indistinguishable from the actual likeness or voice of the professional performer. See Louisiana Revised Statutes 51:470.2
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Expressive work: means such work as a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, work of art, or a dramatic, literary, or musical work, if it is fictional or nonfictional entertainment, a work of political or newsworthy value, or an advertisement or commercial announcement for any of these works. See Louisiana Revised Statutes 51:470.2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Information content provider: means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service. See Louisiana Revised Statutes 51:470.2
  • Interactive computer service: means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. See Louisiana Revised Statutes 51:470.2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks. 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Oath: A promise to tell the truth.
  • 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
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Professional performer: means an individual who, for gain or livelihood, is or was regularly engaged in acting, singing, dancing, playing a musical instrument, or appearing on a news broadcast as an anchor or reporter. See Louisiana Revised Statutes 51:470.2
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.