Chapter 1 Rights of Publicity

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Terms Used In Indiana Code > Title 32 > Article 36 - Publicity

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • commercial purpose: means the use of an aspect of a personality's right of publicity as follows:

    Indiana Code 32-36-1-2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • name: means the actual or assumed name of a living or deceased natural person that is intended to identify the person. See Indiana Code 32-36-1-3
  • news reporting or an entertainment medium: means a medium that publishes, broadcasts, or disseminates advertising in the normal course of its business, including the following:

    Indiana Code 32-36-1-4

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means a natural person, a partnership, a firm, a corporation, or an unincorporated association. See Indiana Code 32-36-1-5
  • personality: means a living or deceased natural person whose:

    Indiana Code 32-36-1-6

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Quorum: The number of legislators that must be present to do business.
  • right of publicity: means a personality's property interest in the personality's:

    Indiana Code 32-36-1-7