Hawaii Revised Statutes 482P-5 – Infringement of right; use without consent; profit or not for profit
Terms Used In Hawaii Revised Statutes 482P-5
- Deceased individual: includes individuals who died before the enactment of this chapter. See Hawaii Revised Statutes 482P-1
- 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
- Individual: means a natural person, living or dead. See Hawaii Revised Statutes 482P-1
- 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
- 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
- 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
- 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
Except as provided in section 482P-7, any person who uses or authorizes the use of a living or deceased individual‘s or personality‘s name, voice, signature, or likeness, on or in goods, merchandise, or services entered into commerce in this State, or for purposes of advertising products, merchandise, goods, or services, or for purposes of fund-raising or solicitation of donations, or if any person disseminates or publishes advertisements in this State that contain a living or deceased individual‘s or personality’s name, voice, signature, or likeness, without express or implied consent of the owner of the right, has infringed a publicity right under this chapter. An infringement may occur under this section without regard to whether the use or activity is for profit or not for profit.