§482P-1 - Definitions. - Hawaii Statutes

[CHAPTER 482P]

PUBLICITY RIGHTS

 

     [§482P-1]  Definitions.  As used in this chapter, unless the context clearly requires otherwise:

     "Characteristic" means a distinctive appearance, gesture, or mannerism recognized as an identifying attribute of a personality.

     "Deceased individual" means any individual, regardless of the individual's place of domicile, residence, or citizenship at the time of death or otherwise, who has died.

     "Deceased personality" means any individual, regardless of the personality's place of domicile, residence, or citizenship at the time of death or otherwise, whose name, voice, signature, or likeness had commercial value at the time of the individual's death, whether or not during the lifetime of that individual, the individual used the individual's name, voice, signature, or likeness on or in products, merchandise, goods, or for purposes of advertising, selling, or soliciting the purchase or sale of products, merchandise, goods, or services.

     "Fund-raising" means an organized activity to solicit donations of money or other goods or services from persons or entities by an organization, company, or public entity.  A fund-raising activity does not include a live, public performance by an individual or group of individuals for which money is received in solicited or unsolicited gratuities.

     "Individual" means a natural person, living or dead.

     "Likeness" means an image, photograph, painting, sketching, model, diagram, or other recognizable representation of an individual's face or body, and includes, in the case of a personality, a characteristic.

     "Name" means the actual or assumed name, or nickname, of a living or deceased individual that is intended to identify that individual.

     "Person" means any natural person, firm, association, partnership, corporation, company, syndicate, receiver, common law trust, conservator, statutory trust, or any other entity by whatever name known or however organized, formed, or created, and includes nonprofit corporations, associations, educational and religious institutions, political parties, and community, civic, or other organizations.

     "Personality" means any individual whose name, voice, signature, likeness, or other attribute of their personality has commercial value, whether or not that individual uses the individual's name, voice, signature, likeness, or other attribute of their personality on or in products, merchandise, goods, or for purposes of marketing, advertising, selling, or soliciting the purchase of products, merchandise, goods, or services.

     "Photograph" means any photograph or photographic reproduction, still or moving, or any videotape, online or live television transmission, of any individual, in which the individual is readily identifiable.

     "Publicity rights trade name registration" means a registration with the department of commerce and consumer affairs of a trade name under chapter 482, using the department's procedures for trade name registration, wherein the trade name shall consist of the assigning individual or personality's full legal name and the words "publicity rights", preferably in all capital letters.  In administering publicity rights trade name registrations under this chapter, the department shall be exempt from:

     (1)  Any liability in excess of that which the department would have for a trade name registration, other than a "publicity rights trade name registration";

     (2)  Any duty to decide between competing registrants or the rights established by registration; and

     (3)  Any duty to construe the meaning of any provision of this chapter;

provided that the duties under paragraphs (2) and (3) shall be duties of the courts of competent jurisdiction.

     "Signature" means a handwritten or otherwise legally binding form of an individual's name, written or authorized by that individual, that distinguishes the individual from all other individuals. [L Sp 2009, c 28, pt of §2]