Bill Text: PA HB69 | 2009-2010 | Regular Session | Introduced

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Bill Title: Prohibiting the use of name, portrait or picture of a soldier in certain cases.

Spectrum: Moderate Partisan Bill (Republican 40-12)

Status: (Introduced - Dead) 2009-04-29 - Re-committed to APPROPRIATIONS [HB69 Detail]

Download: Pennsylvania-2009-HB69-Introduced.html

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PRINTER'S NO. 51
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 69 Session of2009
INTRODUCED BY PERRY, BAKER, BARRAR, BELFANTI, BENNINGHOFF, BOYD, BRENNAN, CLYMER, CREIGHTON, EVERETT, FAIRCHILD, FLECK, GEIST, GIBBONS, GILLESPIE, GOODMAN, GROVE, HARPER, HARRIS, HUTCHINSON, KAUFFMAN, KORTZ, MANN, MARSICO, MICCARELLI, MILLER, MOUL, O'NEILL, PICKETT, PYLE, RAPP, READSHAW, REED, REICHLEY, ROAE, ROCK, ROHRER, SAYLOR, SIPTROTH, SOLOBAY, STEVENSON, SWANGER, TRUE, VULAKOVICH AND WATSON, JANUARY 26, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2009
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, prohibiting the use of name, portrait or picture of
a soldier in certain cases.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6713. Unauthorized use of name, portrait or picture of
deceased soldier.
(a) Offense.--A person who knowingly uses the name, portrait
or picture of a deceased soldier for the purpose of advertising
for the sale of any goods, wares or merchandise or for the
solicitation of patronage for any business without having
obtained prior consent to the use by the soldier or by the
soldier's spouse, immediate family member, trustee if the
soldier is a minor or legally designated representative, commits
a misdemeanor of the first degree.
(b) Exceptions.--Subsection (a) does not apply to the
following:
(1) The use of a soldier's name, portrait or picture in
an attempt to portray, describe or impersonate that soldier
in a live performance, a single and original work of fine
art, a play, book, article, musical work or film or on radio,
television or other audio or audiovisual work if the
performance, musical work, play, book, article or film does
not itself constitute a commercial advertisement for any
goods, wares or merchandise.
(2) The use of a soldier's name, portrait or picture for
noncommercial purposes, including any news, public affairs or
sports broadcast or account.
(3) The use of a soldier's name in truthfully
identifying the soldier as the author of a particular work or
program or as the performer in a particular performance.
(4) Any promotional materials, advertisements or
commercial announcements for a use described under paragraph
(1), (2) or (3).
(5) The use of photographs, video recordings and images
by a person, firm or corporation practicing the profession of
photography to exhibit, in or about the professional
photographer's place of business or portfolio, specimens of
the professional photographer's work, unless the exhibition
is continued by the professional photographer after written
notice objecting to the exhibition by the portrayed soldier
or a person who may enforce the soldier's rights and
remedies.
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(6) A soldier's picture or portrait that is not facially
identifiable.
(7) A photograph of a monument or a memorial that is
placed on any goods, wares or merchandise.
(c) Definition.--For the purposes of this section, "soldier"
means any active duty member or former member of the armed
forces of the United States, including any member who was killed
in the line of duty.
Section 2. Title 42 is amended by adding a section to read:
§ 8316.1. Unauthorized use of name, portrait or picture of
soldier.
(a) Right of soldier.--The right to control and to choose
whether and how to use a soldier's name, portrait or picture for
commercial purposes is recognized as each soldier's right of
publicity.
(b) Liability.--A person is liable for using the name,
portrait or picture of any soldier without having obtained prior
consent to the use by the soldier or by the soldier's spouse,
immediate family member, trustee if the soldier is a minor or
legally designated representative, if the person uses the name,
portrait or picture for any of the following purposes:
(1) Advertising for the sale of any goods, wares or
merchandise.
(2) Soliciting patronage for any business.
(3) Receiving consideration for the sale of any goods,
wares or merchandise.
(c) Remedies.--A person who uses the name, portrait or
picture of a soldier for a prohibited purpose without prior
consent from the soldier or a person who may enforce the
soldier's rights and remedies is subject to the following:
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(1) Injunctive relief to prevent or restrain the
unauthorized use.
(2) Compensatory and punitive or exemplary damages.
(3) Attorney fees and costs.
(d) Damages.--In calculating damages, any profits from the
unauthorized use that are attributable to that use shall be
taken into account.
(e) Supplemental rights.--The rights and remedies provided
under this section supplement any other rights and remedies
provided by law, including the right of privacy.
(f) Limitation of action.--Any claim for relief that is
requested pursuant to this section shall be brought within five
years after the unauthorized publication.
(g) Rights of action.--The right of publicity is a property
right that survives a soldier's death. On the soldier's death,
only the following individuals may enforce the soldier's rights
and remedies in the following order:
(1) The soldier's legally designated representative.
(2) The soldier's spouse.
(3) The soldier's parents.
(4) The soldier's children.
(5) The soldier's grandchildren.
(h) Exceptions.--This section does not apply to the
following:
(1) The use of a soldier's name, portrait or picture in
an attempt to portray, describe or impersonate that soldier
in a live performance, a single and original work of fine
art, a play, book, article, musical work or film or on radio,
television or other audio or audiovisual work if the
performance, musical work, play, book, article or film does
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not itself constitute a commercial advertisement for any
goods, wares or merchandise.
(2) The use of a soldier's name, portrait or picture for
noncommercial purposes, including any news, public affairs or
sports broadcast or account.
(3) The use of a soldier's name in truthfully
identifying the soldier as the author of a particular work or
program or as the performer in a particular performance.
(4) Any promotional materials, advertisements or
commercial announcements for a use described under paragraph
(1), (2) or (3).
(5) The use of photographs, video recordings and images
by a person, firm or corporation practicing the profession of
photography to exhibit, in or about the professional
photographer's place of business or portfolio, specimens of
the professional photographer's work, unless the exhibition
is continued by the professional photographer after written
notice objecting to the exhibition by the portrayed soldier
or a person who may enforce the soldier's rights and
remedies.
(6) A soldier's picture or portrait that is not facially
identifiable.
(7) A photograph of a monument or a memorial that is
placed on any goods, wares or merchandise.
(i) Definition.--For the purposes of this section, "soldier"
means any active duty member or former member of the armed
forces of the United States, including any member who was killed
in the line of duty.
Section 3. This act shall take effect in 60 days.
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