Section 32-36-1-1 - Application of chapter(a) This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.(b) This chapter does not affect rights and privileges recognized under any other law that apply to a news reporting or an entertainment medium.(c) This chapter does not apply to the following:(1) The use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms in any of the following: (A) Literary works, theatrical works, musical compositions, film, radio, or television programs.(B) Material that has political or newsworthy value.(C) Original works of fine art.(D) Promotional material or an advertisement for a news reporting or an entertainment medium that: (i) uses all or part of a past edition of the medium's own broadcast or publication; and(ii) does not convey or reasonably suggest that a personality endorses the news reporting or entertainment medium.(E) An advertisement or commercial announcement for a use described in this subdivision.(2) The use of a personality's name to truthfully identify the personality as: (A) the author of a written work; or(B) a performer of a recorded performance; under circumstances in which the written work or recorded performance is otherwise rightfully reproduced, exhibited, or broadcast.
(3) The use of a personality's:(G) distinctive appearance;(I) mannerisms; in connection with the broadcast or reporting of an event or a topic of general or public interest.
(4) A personality whose: (G) distinctive appearance;(I) mannerisms; have commercial value solely because the personality has been formally charged with or convicted of a crime.
Pre-2002 Recodification Citation: 32-13-1-1.
Amended by P.L. 149-2012, SEC. 17, eff. 7/1/2012.As added by P.L. 2-2002, SEC.21.