AN ACT
AMENDING TITLE 12, CHAPTER 6, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 16;
AMENDING TITLE 13, CHAPTER 37, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-
3726; RELATING TO THE RIGHT OF PUBLICITY.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, Arizona Revised Statutes, is amended by adding article 16, to
read:
ARTICLE 16. RIGHT OF PUBLICITY
12-761. Right of publicity; unauthorized use of the name, portrait or picture of a soldier;
exception; definition
A. THE RIGHT TO CONTROL AND TO CHOOSE WHETHER AND HOW TO USE A SOLDIER’S
NAME, PORTRAIT OR PICTURE FOR COMMERCIAL PURPOSES IS RECOGNIZED AS EACH
SOLDIER’S RIGHT OF PUBLICITY.
B. A PERSON IS LIABLE FOR USING THE NAME, PORTRAIT OR PICTURE OF ANY SOLDIER
WITHOUT HAVING OBTAINED PRIOR CONSENT TO THE USE BY THE SOLDIER OR BY THE
SOLDIER’S SPOUSE, IMMEDIATE FAMILY MEMBER, TRUSTEE IF THE SOLDIER IS A MINOR OR
LEGALLY DESIGNATED REPRESENTATIVE IF THE PERSON USES THE NAME, PORTRAIT OR
PICTURE FOR ANY OF THE FOLLOWING PURPOSES:
1. ADVERTISING FOR THE SALE OF ANY GOODS, WARES OR MERCHANDISE.
2. SOLICITING PATRONAGE FOR ANY BUSINESS.
3. RECEIVING CONSIDERATION FOR THE SALE OF ANY GOODS, WARES OR MERCHANDISE.
C. A PERSON WHO USES THE NAME, PORTRAIT OR PICTURE OF A SOLDIER FOR A
PROHIBITED PURPOSE WITHOUT PRIOR CONSENT FROM THE SOLDIER OR A PERSON WHO
MAY ENFORCE THE SOLDIER’S RIGHTS AND REMEDIES IS SUBJECT TO THE FOLLOWING:
1. INJUNCTIVE RELIEF TO PREVENT OR RESTRAIN THE UNAUTHORIZED USE.
2. TREBLE DAMAGES.
3. PUNITIVE OR EXEMPLARY DAMAGES.
4. ATTORNEY FEES AND COSTS.
D. IN CALCULATING DAMAGES, ANY PROFITS FROM THE UNAUTHORIZED USE THAT ARE
ATTRIBUTABLE TO THAT USE SHALL BE TAKEN INTO ACCOUNT.
E. THE RIGHTS AND REMEDIES PROVIDED IN THIS SECTION SUPPLEMENT ANY OTHER
RIGHTS AND REMEDIES PROVIDED BY LAW, INCLUDING THE COMMON LAW RIGHT OF
PRIVACY.
F. ANY CLAIM FOR RELIEF THAT IS REQUESTED PURSUANT TO THIS SECTION SHALL BE
BROUGHT WITHIN FIVE YEARS AFTER THE UNAUTHORIZED PUBLICATION.
G. THE RIGHT OF PUBLICITY IS A PROPERTY RIGHT THAT SURVIVES A SOLDIER’S DEATH. ON
THE SOLDIER’S DEATH, ONLY THE FOLLOWING INDIVIDUALS MAY ENFORCE THE SOLDIER’S
RIGHTS AND REMEDIES IN THE FOLLOWING ORDER:
1. THE SOLDIER’S LEGALLY DESIGNATED REPRESENTATIVE.
2. THE SOLDIER’S SPOUSE.
3. THE SOLDIER’S PARENTS.
4. THE SOLDIER’S CHILDREN.
5. THE SOLDIER’S GRANDCHILDREN.
H. THIS SECTION DOES NOT APPLY TO THE FOLLOWING:
1. THE USE OF A SOLDIER’S NAME, PORTRAIT OR PICTURE IN AN ATTEMPT TO PORTRAY,
DESCRIBE OR IMPERSONATE THAT SOLDIER IN A LIVE PERFORMANCE, A SINGLE AND
ORIGINAL WORK OF FINE ART, A PLAY, BOOK, ARTICLE, MUSICAL WORK OR FILM OR ON
RADIO, TELEVISION OR OTHER AUDIO OR AUDIOVISUAL WORK IF THE PERFORMANCE,
MUSICAL WORK, PLAY, BOOK, ARTICLE OR FILM DOES NOT ITSELF CONSTITUTE A
COMMERCIAL ADVERTISEMENT FOR ANY GOODS, WARES OR MERCHANDISE.
2. THE USE OF A SOLDIER’S NAME, PORTRAIT OR PICTURE FOR NONCOMMERCIAL
PURPOSES, INCLUDING ANY NEWS, PUBLIC AFFAIRS OR SPORTS BROADCAST OR ACCOUNT.
3. THE USE OF A SOLDIER’S NAME IN TRUTHFULLY IDENTIFYING THE SOLDIER AS THE
AUTHOR OF A PARTICULAR WORK OR PROGRAM OR AS THE PERFORMER IN A PARTICULAR
PERFORMANCE.
4. ANY PROMOTIONAL MATERIALS, ADVERTISEMENTS OR COMMERCIAL ANNOUNCEMENTS
FOR A USE DESCRIBED IN PARAGRAPH 1, 2 OR 3 OF THIS SUBSECTION.
5. THE USE OF PHOTOGRAPHS, VIDEO RECORDINGS AND IMAGES BY A PERSON, FIRM OR
CORPORATION PRACTICING THE PROFESSION OF PHOTOGRAPHY TO EXHIBIT, IN OR ABOUT
THE PROFESSIONAL PHOTOGRAPHER’S PLACE OF BUSINESS OR PORTFOLIO, SPECIMENS OF
THE PROFESSIONAL PHOTOGRAPHER’S WORK, UNLESS THE EXHIBITION IS CONTINUED BY
THE PROFESSIONAL PHOTOGRAPHER AFTER WRITTEN NOTICE OBJECTING TO THE
EXHIBITION BY THE PORTRAYED SOLDIER OR A PERSON WHO MAY ENFORCE THE SOLDIER’S
RIGHTS AND REMEDIES.
6. A SOLDIER’S PICTURE OR PORTRAIT THAT IS NOT FACIALLY IDENTIFIABLE.
7. A PHOTOGRAPH OF A MONUMENT OR A MEMORIAL THAT IS PLACED ON ANY GOODS,
WARES OR MERCHANDISE.
I. FOR THE PURPOSES OF THIS SECTION, "SOLDIER" MEANS ANY ACTIVE DUTY MEMBER OR
FORMER MEMBER OF THE ARMED FORCES OF THE UNITED STATES, INCLUDING ANY MEMBER
WHO WAS KILLED IN THE LINE OF DUTY.
Sec. 2. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3726,
to read:
13-3726. Unauthorized use of the name, portrait or picture of a deceased soldier; civil action;
exceptions; violation; classification; definition
A. A PERSON SHALL NOT KNOWINGLY USE THE NAME, PORTRAIT OR PICTURE OF A
DECEASED SOLDIER FOR THE PURPOSE OF ADVERTISING FOR THE SALE OF ANY GOODS,
WARES OR MERCHANDISE OR FOR THE SOLICITATION OF PATRONAGE FOR ANY BUSINESS
WITHOUT HAVING OBTAINED PRIOR CONSENT TO THE USE BY THE SOLDIER OR BY THE
SOLDIER’S SPOUSE, IMMEDIATE FAMILY MEMBER, TRUSTEE IF THE SOLDIER IS A MINOR OR
LEGALLY DESIGNATED REPRESENTATIVE.
B. ANY PERSON WHO IS INJURED BY THE USE OF THE NAME, PORTRAIT OR PICTURE OF A
DECEASED SOLDIER IN VIOLATION OF SUBSECTION A OF THIS SECTION MAY BRING A CIVIL
ACTION AGAINST THE PERSON WHO COMMITTED THE VIOLATION PURSUANT TO SECTION
12-761.
C. THIS SECTION DOES NOT APPLY TO THE FOLLOWING:
1. THE USE OF A SOLDIER’S NAME, PORTRAIT OR PICTURE IN AN ATTEMPT TO PORTRAY,
DESCRIBE OR IMPERSONATE THAT SOLDIER IN A LIVE PERFORMANCE, A SINGLE AND
ORIGINAL WORK OF FINE ART, A PLAY, BOOK, ARTICLE, MUSICAL WORK OR FILM OR ON
RADIO, TELEVISION OR OTHER AUDIO OR AUDIOVISUAL WORK IF THE PERFORMANCE,
MUSICAL WORK, PLAY, BOOK, ARTICLE OR FILM DOES NOT ITSELF CONSTITUTE A
COMMERCIAL ADVERTISEMENT FOR ANY GOODS, WARES OR MERCHANDISE.
2. THE USE OF A SOLDIER’S NAME, PORTRAIT OR PICTURE FOR NONCOMMERCIAL
PURPOSES, INCLUDING ANY NEWS, PUBLIC AFFAIRS OR SPORTS BROADCAST OR ACCOUNT.
3. THE USE OF A SOLDIER’S NAME IN TRUTHFULLY IDENTIFYING THE SOLDIER AS THE
AUTHOR OF A PARTICULAR WORK OR PROGRAM OR AS THE PERFORMER IN A PARTICULAR
PERFORMANCE.
4. ANY PROMOTIONAL MATERIALS, ADVERTISEMENTS OR COMMERCIAL ANNOUNCEMENTS
FOR A USE DESCRIBED IN PARAGRAPH 1, 2 OR 3.
5. THE USE OF PHOTOGRAPHS, VIDEO RECORDINGS AND IMAGES BY A PERSON, FIRM OR
CORPORATION PRACTICING THE PROFESSION OF PHOTOGRAPHY TO EXHIBIT, IN OR ABOUT
THE PROFESSIONAL PHOTOGRAPHER’S PLACE OF BUSINESS OR PORTFOLIO, SPECIMENS OF
THE PROFESSIONAL PHOTOGRAPHER’S WORK, UNLESS THE EXHIBITION IS CONTINUED BY
THE PROFESSIONAL PHOTOGRAPHER AFTER WRITTEN NOTICE OBJECTING TO THE
EXHIBITION BY THE PORTRAYED SOLDIER OR A PERSON WHO MAY ENFORCE THE SOLDIER’S
RIGHTS AND REMEDIES.
6. A SOLDIER’S PICTURE OR PORTRAIT THAT IS NOT FACIALLY IDENTIFIABLE.
7. A PHOTOGRAPH OF A MONUMENT OR A MEMORIAL THAT IS PLACED ON ANY GOODS,
WARES OR MERCHANDISE.
D. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.
E. FOR THE PURPOSES OF THIS SECTION, "SOLDIER" MEANS ANY ACTIVE DUTY MEMBER OR
FORMER MEMBER OF THE ARMED FORCES OF THE UNITED STATES, INCLUDING ANY MEMBER
WHO WAS KILLED IN THE LINE OF DUTY.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of this act are
severable.
Sec. 4. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or
safety and is operative immediately as provided by law.
APPROVED BY THE GOVERNOR MAY 24, 2007.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 24, 2007.