765 ILCS 1075/1 Illinois Statute Right of Publicity Act

March 13, 2011 | Filed Under Legal Issues | Comments Off

(765 ILCS 1075/1)
Sec. 1. Short title. This Act may be cited as the Right of Publicity Act.
(Source: P.A. 90‑747, eff. 1‑1‑99.)

(765 ILCS 1075/5)
Sec. 5. Definitions. As used in this Act:
“Commercial purpose” means the public use or holding out of an individual’s identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising.
“Identity” means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice.
“Individual” means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual’s lifetime.
“Juristic person” means a partnership, trust, estate, corporation, unincorporated association, or other organization capable of suing and being sued in a court of law.
“Name” means the actual name or other name by which an individual is known that is intended to identify that individual.
“Person” means a natural or juristic person.
“Work of Fine Art” means (i) a visual rendition including, but not limited to, a painting, drawing, sculpture, mosaic, videotape, or photograph; (ii) a work of calligraphy; (iii) a work of graphic art including, but not limited to, an etching, lithograph, serigraph, or offset print; (iv) a craft work in materials including, but not limited to, clay, textile, fiber, wood, metal, plastic, or glass; or (v) a work in mixed media including, but not limited to, a collage, assemblage, or work consisting of any combination of items (i) through (iv).
(Source: P.A. 90‑747, eff. 1‑1‑99.)
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