NV ST / N.R.S. 597.770 – 597.810
NRS 597.770 Definitions. As used in NRS 597.770 to 597.810, inclusive:
1. “Commercial use” includes the use of the name, voice, signature, photograph or likeness of a person on or in any product, merchandise or goods or for the purposes of advertising, selling or soliciting the purchase of any product, merchandise, goods or service.
2. “Governmental agency” means the Commission on Tourism of the Department of Tourism and Cultural Affairs and a governmental entity in a county whose population is 100,000 or more that has as a statutory purpose, power or duty the promotion of travel or tourism in this state and that employs photographers full-time or by contract to take pictures to promote travel and tourism, portray historical events or commemorate persons or physical sites that are significant in the history of the state.
3. “Person” means a natural person. (Added to NRS by 1989, 1608; A 1995, 1645)
NRS 597.780 Scope. The provisions of NRS 597.770 to 597.810, inclusive, apply to any commercial use within this state of a living or deceased person’s name, voice, signature, photograph or likeness regardless of the person’s domicile. (Added to NRS by 1989, 1610)
NRS 597.790 Existence and term of right; written consent required for commercial use; exceptions.
1. There is a right of publicity in the name, voice, signature, photograph or likeness of every person. The right endures for a term consisting of the life of the person and 50 years after his or her death, regardless of whether the person commercially exploits the right during his or her lifetime.
2. Any commercial use by another of the name, voice, signature, photograph or likeness of a person requires the written consent of that person or his or her successor in interest unless:
(a) The use is contained in material which is commercially sponsored but the use is not directly connected with the commercial sponsorship;
(b) The use is an attempt to portray, imitate, simulate or impersonate a person in a live performance;
(c) The use is in connection with a news, public affairs or sports broadcast or publication;
(d) The use is an attempt to portray, imitate, simulate or impersonate a person in a play, book, magazine article, newspaper article, musical composition, film, or a radio, television or other audio or visual program, except where the use is directly connected with commercial sponsorship;
(e) The use is in connection with an original work of art except that multiple editions of such a work of art require consent;
(f) The use is in connection with an advertisement or commercial announcement for a use permitted by this subsection; or
(g) The use is in connection with the efforts of a governmental agency to promote travel and tourism in this state, portray historical events or commemorate persons or physical sites that are significant in the history of this state, except where the use is directly connected with commercial sponsorship.
Ê For the purposes of this subsection, the issue of whether a use is directly connected with commercial sponsorship is a question of fact, to be determined by the trier of fact in an action brought pursuant to NRS 597.810.
3. If a governmental agency intends to have photographs taken at a public event for use pursuant to paragraph (g) of subsection 2, the governmental agency shall, if practicable, announce or otherwise inform the public, or request the sponsor of the event to announce or otherwise inform the public, that photographs may be taken that can be used in materials for the promotion of travel and tourism in this state without permission from the person photographed. (Added to NRS by 1989, 1608; A 1995, 1646) NRS 597.790 2(b)
NRS 597.800 Transferability of right; commercial use upon death; rights of successors in interest; registration of claim; fee.
1. The right of publicity established by NRS 597.790 is freely transferable, in whole or in part, by contract, license, gift, conveyance, assignment, devise or testamentary trust by a person or his or her successor in interest.
2. If a deceased person has not transferred his or her rights as provided by subsection 1, and he or she has no surviving beneficiary or successor in interest upon his or her death, the commercial use of his or her name, voice, signature, photograph or likeness does not require consent.
3. A successor in interest or a licensee of a deceased person may file in the Office of the Secretary of State, on a form prescribed by the Secretary of State and upon the payment of a filing fee of $25, a verified application for registration of his or her claim. The application must include:
(a) The legal and professional name of the deceased person;
(b) The date of death of the deceased person;
(c) The name and address of the claimant;
(d) The basis of the claim; and
(e) A description of the rights claimed.
4. A successor in interest or a licensee of a deceased person may not assert any right against any unauthorized commercial use of the deceased person’s name, voice, signature, photograph or likeness that begins before the filing of an application to register his or her claim.
5. A person, firm or corporation seeking to use the name, voice, signature, photograph or likeness of a deceased person for commercial purposes must first make a reasonable effort, in good faith, to discover the identity of any person who qualifies as a successor in interest to the deceased person. A person claiming to be a successor in interest to a deceased person must, within 6 months after the date he or she becomes aware or should reasonably have become aware of an unauthorized commercial use of the deceased person’s name, voice, signature, photograph or likeness, register a claim with the Secretary of State pursuant to subsection 3. Failure to register shall be deemed a waiver of any right of publicity.
6. The Secretary of State may microfilm or reproduce by other techniques any document filed pursuant to this section and thereafter destroy the original of the document. The microfilm or other reproduction is admissible in any court of record. The Secretary of State may destroy the microfilm or other reproduction 50 years after the death of the person whose identity is the subject of the claim.
7. A claim registered pursuant to this section is a public record. (Added to NRS by 1989, 1609)
NRS 597.810 Remedies for unauthorized commercial use; liability of owner or employee of medium used for advertising.
1. Any commercial use of the name, voice, signature, photograph or likeness of another by a person, firm or corporation without first having obtained written consent for the use is subject to:
(a) Injunctive relief to prevent or restrain the unauthorized use; and
(b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:
(1) Actual damages, but not less than $750; and
(2) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without the consent required by NRS 597.790.
2. No owner or employee of any medium used for advertising is liable pursuant to this section for any unauthorized commercial use of a person’s name, voice, signature, photograph or likeness unless it is established that the owner or employee had actual knowledge of the unauthorized use. (Added to NRS by 1989, 1609)