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Proposed amendment to Indiana’s Right of Publicity statute

February 4, 2010 No Comments »
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A new bill, HB 1335, is in front of the Indiana legislature which seeks to bring clarification to certain aspects of Indiana’s right of publicity provisions.  Specifically, the bill would clarify application of domicile analysis as well as common law right of publicity under Indiana law.  The bill is up for a vote by the House in the first week of February, then it will goes to the Senate in the second week of February.  Here is a summary of the bill:   

 

HB 1335 Provides that, for purposes of the law concerning rights of publicity: (1) to codify the common law in existence before July 1, 1993, the law applies to a cause of action commenced after June 30, 1993, regardless of when the cause of action arose; (2) if a personality died testate before July 1, 1993, the rights recognized under the law are deemed to be in the possession of the current holder of the interests of the beneficiary of the residuary clause of the testamentary instrument as if the rights had been distributed according to the testamentary instrument and transferred according to the rights of publicity and, if a personality died intestate before July 1, 1993, the rights recognized under the law are deemed to be in the possession of the current holder of the interests as if the estate had been distributed according to the law where the estate was probated and transferred according to the rights of publicity; and (3) if a testamentary instrument does not contain an express transfer of the deceased personality’s rights of publicity, a provision in the testamentary instrument that provides for the disposition of the residue of the deceased personality’s assets is effective to transfer the rights recognized under the law in accordance with the terms of the provision. Makes other changes concerning the transferability and descendibility of rights of publicity

 

I have read the substance of HB 1335 and I’m inclined to give my support to its provisions as currently drafted.  The entire bill can be viewed at this link:  http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2010&request=getBill&docno=1335 

 

 

 

 


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