Louisiana Revised Statutes 51:470.5 – Exempt uses
Terms Used In Louisiana Revised Statutes 51:470.5
- Access software provider: means a provider of software, including client or server software, or enabling tools that do any one or more of the following:
(a) Filter, screen, allow, or disallow content. See Louisiana Revised Statutes 51:470.2
- Expressive work: means such work as a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, work of art, or a dramatic, literary, or musical work, if it is fictional or nonfictional entertainment, a work of political or newsworthy value, or an advertisement or commercial announcement for any of these works. See Louisiana Revised Statutes 51:470.2
- Identity: means an individual's name, voice, signature, photograph, image, likeness, or digital replica. See Louisiana Revised Statutes 51:470.2
- Individual: means a living natural person domiciled in Louisiana or a deceased natural person who was domiciled in Louisiana at the time of the individual's death. See Louisiana Revised Statutes 51:470.2
- Information content provider: means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service. See Louisiana Revised Statutes 51:470.2
- Interactive computer service: means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. See Louisiana Revised Statutes 51:470.2
- Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks. See Louisiana Revised Statutes 51:470.2
- Performance: means the use of a digital replica to substitute for a performance by a professional performer in a work in which the professional performer did not actually appear. See Louisiana Revised Statutes 51:470.2
A. This Subpart does not affect rights and privileges recognized under other state or federal laws, including those privileges afforded under the “fair use” factors in the United States Copyright Act of 1976.
B. It shall not constitute a violation of this Subpart to use an individual‘s identity under any of the following circumstances:
(1) In connection with a news, public affairs, sports transmission or account, or political campaign.
(2) In a work of political, public interest, educational, or newsworthy value, including comment, criticism, or parody, or similar works, such as documentaries, docudramas, or historical or biographical works, or a representation of an individual as himself or herself, regardless of the degree of fictionalization.
(3) In a play, book, magazine, newspaper, literary work, musical composition, single and original work of art or photograph, or visual work.
(4) In a sound recording, audiovisual work, motion picture, or radio or television program, unless the use creates an unauthorized performance.
(5) Any act of restoration or preservation of a sound recording, audiovisual work, or radio or television program.
(6) In an advertisement, commercial announcement, or display of any of the works described in this Subpart.
(7) To accurately identify the individual as the author of a given work, or a performer of a given work or performance, under circumstances in which the work or performance is otherwise rightfully reproduced, exhibited, or broadcast.
(8) To lawfully make a work available for sale or licensing purposes insofar as the terms of the sale or license do not permit the user to violate this Subpart.
(9) Data collection or data reporting and supplying the data collected or reported.
(10) Data processing, data matching, data distribution, or data licensing.
(11) In connection with the publication of an expressive work created prior to August 1, 2022.
(12) If the use is merely incidental.
C. An otherwise exempt use of an individual’s identity protected under Subsection B of this Section is not an exempt use if it is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service.
D. The carriage or transmission by a radio or television broadcast station licensed by the Federal Communications Commission, cable or satellite television company, or other video service provider, streaming video provider, newspaper company, periodical company, billboard company, media platform, voice, data, or other communications, information services, or internet access provider of any content created by a third party which violates any provision of this Subpart shall not be considered a violation of this Subpart by any such entity which carried or transmitted the content.
E. Provisions of this Subpart do not create a liability for publishers or speakers of any information provided by another information content provider including the internet, an interactive computer service, an information content provider, or an access software provider.
F. The publication by a news entity or outlet, online news outlet, newspaper, news publication, or other media which violates any provision of this Subpart shall not be considered a violation of this Subpart by the news outlet, online news outlet, or other media.
Acts 2022, No. 425, §1.