Terms Used In Ohio Code > Chapter 2741 - Right of Publicity in Individual's Persona

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Commercial purpose: means the use of or reference to an aspect of an individual's persona in any of the following manners:

  (1) On or in connection with a place, product, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;

  (2) For advertising or soliciting the purchase of products, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;

  (3) For the purpose of promoting travel to a place;

  (4) For the purpose of fundraising. See Ohio Code 2741.01

• 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.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Institution of higher education: means a state institution of higher education as defined in section 3345. See Ohio Code 2741.01
• Intestate: Dying without leaving a will.
• Name: means the actual, assumed, or clearly identifiable name of or reference to a living or deceased individual that identifies the individual. See Ohio Code 2741.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Persona: means an individual's name, voice, signature, photograph, image, likeness, or distinctive appearance, if any of these aspects have commercial value. See Ohio Code 2741.01
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probate: Proving a will
• Property: means real and personal property. See Ohio Code 1.59
• Right of publicity: means the property right in an individual's persona to use the individual's persona for a commercial purpose. See Ohio Code 2741.01
• state: means the state of Ohio. See Ohio Code 1.59
• Statute: A law passed by a legislature.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trier of fact: means the jury or, in a nonjury action, the court. See Ohio Code 2741.01
• United States: includes all the states. See Ohio Code 1.59
• Written consent: includes written, electronic, digital, or any other verifiable means of authorization. See Ohio Code 2741.01