HB 1353-1_ Filed 01/23/2006, 11:18 Foley

Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    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 medium.
    (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 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:
            (A) name;
            (B) voice;
            (C) signature;
            (D) photograph;
            (E) image;
            (F) likeness;
            (G) distinctive appearance;
            (H) gestures; or
            (I) mannerisms;
        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 offense.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1353 as printed January 20, 2006.)


Representative Foley

MO135302/DI 110     2006