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Sports Law: Publicity: State Laws

  • California: Descendability of Right California Civil Code §990-998 provides that the right of publicity passes to the heirs.
  • California Right of Publicity Civil Code §3344 provides for a right to publicity and use of one's own likeness.
  • New York Right of Privacy Law Civil Rights Law §50. Allows for damages for the misappropriation or misuse of the likeness or image of a living person.
  • Florida Right to Publicity §540.08. Law against unauthorized use of name or likeness.
  • Kentucky Right of Descent Kentucky Revised Statutes 391.170. Part of probate code providing that the right of publicity passes to the heirs or beneficiaries.
  • Tennessee Right of Publicity Tennessee code §47-25-1101 et seq. "Personal Rights Protection Act of 1984".
  • Virginia Right of Publicity Virginia Code §8.01-40 prevents unauthorized use of name or picture of any person without prior consent.
  • Oklahoma Criminal Law Title 21 Chapter 30, §839.1 Right of Privacy-Use of Name or Picture for Advertising Without Consent-Misdemeanor. This is part of the right to privacy.
  • Oklahoma Criminal Law Title 21 Chapter 30, §839.2 Right of Action-Damages. This is part of the right to privacy.
  • Oklahoma Criminal Law Title 21 Chapter 30, §839.3 Right of Photographer to Exhibit Specimens of Work-Other Uses Excepted. This is part of the right to privacy.
  • Texas Publicity Rights Property Code §26.001 et seq. provides that there is a property right in one's image and that right passes to the heirs. Use of an individual's likeness requires permission from the property rights holder.
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