Tag Archives: tort claims and civil law

Alabama Senate Bill 197

Alabama S.B. 197 would create a right of publicity in a person’s “indicia of identity.” There is an exception for expressive works, but for expressive works that are “a replica as to constitute a copy,” the exception is contingent on the use being protected by the U.S. and Alabama Constitutions.

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Arkansas Senate Bill 79

Arkansas S.B. 79 would create a right of publicity in an individual’s name, voice, signature, image or likeness. Artistic use is exempted from the right, but only if the use is protected by the First Amendment.

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California Assembly Bill 538

California A.B. 538 would require anyone that enters into a contract for “the sale of the story of a crime for which the offender was convicted” with a person convicted of specified crimes to report it to the Office of Survivor Rights and Services.

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Hawaii House Bill 548

Hawaii H.B. 548 would impose civil liability on any author or publisher of a visitor guide or website that describes activities or attractions on privately or publicly owned land, if a person suffers an injury or dies on such property. It is companion to S.B. 1207.

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Hawaii Senate Bill 1207

Hawaii S.B. 1207 would impose civil liability on any author or publisher of a visitor guide or website that describes activities or attractions on privately or publicly owned land, if a person suffers an injury or dies on such property. It is companion to H.B. 548.

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Massachusetts House Bill 1399

Massachusetts H.B. 1399 would require anyone who enters into a contract with anyone charged or convicted of a crime to report it to the state Attorney General and post a bond equal to the value of the contract.

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New Hampshire Senate Bill 175

New Hampshire S.B. 175 would create a right of publicity, explicitly giving individuals the right to control the use of his or her identity for 70 years in addition to their lifetime. An amendment to bill removed a section that allowed exceptions for works of or in the media.

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New York Assembly Bill 7904 and Senate Bill 5650

New York A.B. 7904 and S.B. 5650 would create a right of publicity in a person’s name, voice, signature, image or likeness for any person deceased within the last 70 years who was domiciled at New York at the time of death. There is an exception for expressive use, but there is a “caveat” to this exception.

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Pennsylvania House Bill 2533 & Senate Bill 508

Pennsylvania H.B. 2533 and S.B. 508 would allow a victim of a personal injury crime to bring a civil action against any offender to obtain injunctive relief for “conduct which perpetuates the continuing effect of the crime on the victim.”

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Prison Legal News v. Kane

The U.S. District Court for the Middle District of Pennsylvania struck down a Pennsylvania law that allowed victims to stop conduct — including speech — by a convicted offender if it causes “mental anguish.”

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