§482P-8 - Procedure for identifying transferees, licensees, or assignees; requirement to seek damages or relief. - Hawaii Statutes

     [§482P-8]  Procedure for identifying transferees, licensees, or assignees; requirement to seek damages or relief.  (a)  An assignee or transferee of publicity rights shall have the right to make a publicity rights trade name registration.  To obtain the benefit of the protection of this section, the assignee or transferee shall keep the publicity rights trade name registration in force and shall diligently maintain the accuracy of the information in the publicity rights trade name registration.

     (b)  Publicity rights of a deceased person that were not previously assigned or transferred shall be part of the deceased person's estate and shall be administered by the personal representative of the deceased person as personal property of the deceased person.  On or before closing of probate of a deceased person's estate, the publicity rights of the deceased person shall vest in the transferees of the personal property of the estate in conformity with the deceased person's will or probate order.  If publicity rights are not expressly addressed by the terms of the will or a probate order, and if a publicity rights trade name registration is not in effect at the time of the relevant assignment or license, after probate closes, any one of the transferees of the personal property of the deceased person's estate shall have the right to assign or license the publicity rights of the deceased person, and a valid license from any of the transferees of the personal property of the deceased person's estate shall constitute a complete defense to any infringement action under this section.

     (c)  Any person seeking to license publicity rights from a living person shall have the right to presume that a living individual or personality has the right to assign or license the individual's or personality's publicity rights unless there is a publicity rights trade name registration for that individual or personality.  If there is a publicity rights trade name registration for that individual or personality, the person seeking to license publicity rights shall inform the living person in writing that an assignment or license shall be sought from the holder of the publicity rights trade name registration before entering into the assignment or license.

     (d)  If there is a publicity rights trade name registration for a given individual or personality, any person seeking to license publicity rights for that individual or personality shall have the right to presume that the holder of the publicity rights trade name registration has the right to assign or license the individual's or personality's publicity rights and a valid license from the registered holder of the publicity rights trade name registration shall constitute a complete defense to any infringement action under this section.

     (e)  A person commits an offense if the person signs, manually or via electronic means, a document the person knows is false in any material respect with the intent that the document be delivered or transmitted to the director of commerce and consumer affairs in connection with a publicity rights trade name registration under this section.  An offense under this subsection shall be a class C felony and may carry a fine not to exceed $10,000.

     (f)  A person commits a misdemeanor if the person negligently and without intent to defraud signs, manually or via electronic means, a document that is false in any material respect with intent that the document be delivered or transmitted to the director of commerce and consumer affairs in connection with a publicity rights trade name registration under this section.  Commission of a misdemeanor under this subsection may carry a fine not to exceed $2,000.

     (g)  Any person who knowingly makes a false or fraudulent representation or declaration in connection with a publicity rights trade name registration pursuant to this section shall be liable for all damages sustained as a result of the false or fraudulent publicity rights trade name registration as determined by a court of competent jurisdiction. [L Sp 2009, c 28, pt of §2]