Sec. 8. (a) A person may not use an aspect of a personality‘s right of publicity for a commercial purpose during the personality’s lifetime or for one hundred (100) years after the date of the personality’s death without having obtained previous written consent from a person specified in section 17 of this chapter. If a personality is deceased, the following apply to the rights described in this subsection:

(1) The rights apply to the personality whether the personality died before, on, or after July 1, 1994.

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Terms Used In Indiana Code 32-36-1-8

  • commercial purpose: means the use of an aspect of a personality's right of publicity as follows:

    Indiana Code 32-36-1-2

  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • person: means a natural person, a partnership, a firm, a corporation, or an unincorporated association. See Indiana Code 32-36-1-5
  • personality: means a living or deceased natural person whose:

    Indiana Code 32-36-1-6

  • right of publicity: means a personality's property interest in the personality's:

    Indiana Code 32-36-1-7

(2) If the personality died before July 1, 1994, the rights are considered to have existed on and after the date the personality died.

(3) Consistent with section 1(a) of this chapter, a claim for a violation of a personality’s right of publicity may not be asserted under this chapter unless the alleged act or event of violation occurs within Indiana.

(4) A claim for a violation of a personality’s right of publicity may not be asserted under this chapter unless the alleged act or event of violation occurs after June 30, 1994.

     (b) A written consent solicited or negotiated by an athlete agent (as defined in IC 25-5.2-1-2) from a student athlete (as defined in IC 25-5.2-1-2) is void if the athlete agent obtained the consent as the result of an agency contract that:

(1) was void under IC 25-5.2-2-2 or under the law of the state where the agency contract was entered into; or

(2) was voided by the student athlete, or, if the student athlete is a minor, by the parent or guardian of the student athlete, under IC 25-5.2-2-8 or a similar law in the state where the agency contract was entered into.

[Pre-2002 Recodification Citation: 32-13-1-8.]

As added by P.L.2-2002, SEC.21. Amended by P.L.149-2012, SEC.18; P.L.158-2013, SEC.336; P.L.95-2019, SEC.10.

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