§482P-7 - Exemptions from use restrictions; when chapter does not apply. - Hawaii Statutes

     [§482P-7]  Exemptions from use restrictions; when chapter does not apply.  (a)  For purposes of section 482P-5, the use of a name, voice, signature, or likeness in connection with matters of cultural, historical, political, religious, educational, newsworthy, or public interest, including without limitation, comment, criticism, satire, and parody relating thereto, shall not constitute a use for which consent is required under this chapter.  A matter exempt from the requirement of advance consent under this subsection does not cease to be exempt if it appears in the form of a paid advertisement and the principal purpose of the advertisement is to comment on the matter.

     (b)  This chapter shall not apply to the use or authorization for use of an individual's or personality's name, voice, signature, or likeness, in, or to display, any of the following:

     (1)  Single and original works of fine art, including but not limited to photographic, graphic, and sculptural works of art that are not published in more than five copies;

     (2)  A literary work, theatrical work, musical composition, sound recording, radio program, motion picture, television program or other audiovisual work, magazine article, news story, public affairs report, or sports broadcast or account, or materials related to a political campaign, when the use does not inaccurately claim or state an endorsement by the individual or personality;

     (3)  An advertisement or commercial announcement for a use permitted by subsection (a) or (g) or paragraph (1) or (2);

     (4)  An advertisement, commercial announcement, or packaging for the sale, distribution, broadcast, performance, or display of a literary, musical, cinematographic, or other artistic work, or the recording or copy thereof, using the name, voice, signature, or likeness of the writer, author, composer, director, actor, or artist who created the work, where the individual or personality has expressly or impliedly consented to the use of the individual's or personality's name, voice, signature, or likeness on or in connection with the initial or any subsequent sale, distribution, performance, or display thereof; and

     (5)  The advertisement or sale of a rare or fine product, including but not limited to books, which incorporates an original signature of the author.

     (c)  It shall not constitute a defense to an infringement action under this chapter that the use of an individual's or personality's name, voice, signature, or likeness includes more than one individual or personality.

     (d)  Section 482P-5 shall not apply to the owners or employees of any medium used for advertising, including but not limited to newspapers, magazines, radio and television stations, online service providers, billboards or other devices, who, without prior notice that the use would constitute an infringement under this chapter, have published or disseminated any advertisement or solicitation that would constitute an infringement under this chapter, unless the infringement was part of an advertisement or solicitation promoting the services of the advertising medium itself.

     (e)  This chapter shall not apply to a use or authorization for use of an individual's or personality's name that is merely descriptive and used fairly and in good faith only to identify or describe something other than the individual or personality, such as, without limitation, to describe or identify a place, a legacy, a style, a theory, an ownership interest, or a party to a transaction, or to accurately describe the goods or services of a party.

     (f)  This chapter shall not apply to the use of an individual's or personality's name, voice, signature, or likeness when the use of the individual's or personality's name, voice, signature, or likeness is an insignificant, de minimis, or incidental use.

     (g)  This chapter shall not apply to the distribution, promotion, transfer, or license of a photograph or other material containing an individual's or personality's name, voice, signature, photograph, or likeness to a third party for use in a manner which is lawful under this chapter, or to a third party for further distribution, promotion, transfer, or license for use in a manner which is lawful under this chapter. [L Sp 2009, c 28, pt of §2]