Louisiana Revised Statutes 51:470.4 – Misappropriation of identity
Terms Used In Louisiana Revised Statutes 51:470.4
- Authorized representative: means an assignee, licensee, executor, heir, legatee, or other representative of an individual. See Louisiana Revised Statutes 51:470.2
- 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.
- Digital replica: means a computer-generated or electronic reproduction of a professional performer's likeness or voice that is so realistic as to be indistinguishable from the actual likeness or voice of the professional performer. 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
- 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.
- 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
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Professional performer: means an individual who, for gain or livelihood, is or was regularly engaged in acting, singing, dancing, playing a musical instrument, or appearing on a news broadcast as an anchor or reporter. See Louisiana Revised Statutes 51:470.2
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A. It shall be a violation of this Subpart for any person to use an individual‘s identity for a commercial purpose in Louisiana without having first obtained consent from the individual or the individual’s authorized representative.
B. A claim for a violation of an individual’s identity rights may not be asserted under this Subpart unless the alleged act occurs within Louisiana and shall be subject to a prescriptive period of two years from the date the violation was discovered or should have been discovered.
C. It shall be a violation of this Subpart to use a digital replica in a public performance of a scripted audiovisual work, or in a live performance of a dramatic work, if the use is intended to create, and creates, the clear impression that the professional performer is actually performing in the role of a fictional character.
D. A person who does any of the following shall be deemed to have submitted to the jurisdiction of this state:
(1) Engages in conduct within Louisiana that is prohibited under this Subpart.
(2) Creates or causes to be created within this state products, merchandise, goods, services, or other materials prohibited under this Subpart.
(3) Transports or causes to be transported into this state products, merchandise, goods, or other materials created or used in violation of this Subpart.
(4) Knowingly causes advertising or promotional material created or used in violation of this Subpart to be published, distributed, exhibited, or disseminated within Louisiana.
E.(1) In addition to any other remedy authorized by law, a person who violates an individual’s identity rights may be liable for the greater of one thousand dollars and the actual damages, and to the extent not duplicative of the plaintiff‘s compensatory damages, the disgorgement of profits derived from the unauthorized use of the individual’s identity. For purposes of calculating such profits, the plaintiff is only required to prove the gross revenue attributable to the unauthorized use, and the defendant is required to prove properly deductible expenses.
(2) A court of competent jurisdiction may grant the plaintiff, in a proceeding under this Section, a temporary restraining order or an order for injunctive relief.
F. A court may award reasonable attorney fees, costs, and expenses to the prevailing party in an action under this Subpart.
G. Any suit arising out of the alleged offending use of a digital replica, expressive work, identity, or performance, or brought against a newspaper, broadcast outlet, media outlet, online news outlet, news publication, or other media pursuant to this Subpart shall be subject to the provisions of Code of Civil Procedure Article 971, and any alleged violation of this Subpart shall be presumed an act in furtherance of a person’s right of petition or free speech under the Constitution of the United States of America or the Constitution of Louisiana in connection with a public issue in accordance with Code of Civil Procedure Article 971.
Acts 2022, No. 425, §1.