HB 1353-1_ Filed 01/23/2006, 11:18 Foley
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 1353 be amended to read as follows:
SOURCE: Page 17, line 40; (06)MO135302.17. -->
Page 17, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 32-36-1-1; (06)MO135302.20. -->
"SECTION 20. IC 32-36-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (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
(c) This chapter does not apply to the following:
(1) Except as provided in section 21 of this chapter, 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
(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
(3) The use of a personality's:
(G) distinctive appearance;
(H) gestures; or
in connection with the broadcast or reporting of an event or a
topic of general or public interest.
SOURCE: IC 32-36-1-21; (06)MO135302.21. -->
SECTION 21. IC 32-36-1-21 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 21. A person's heirs, assigns, or
estate may not claim a property interest in the right of publicity of
a person if the publicity is related in whole or in part to the
person's criminal involvement in a state or federal criminal
Renumber all SECTIONS consecutively.
(Reference is to HB 1353 as printed January 20, 2006.)
MO135302/DI 110 2006