Ohio Code 2741.05 – Granting consent for commercial use
(A) Except as otherwise expressly provided in an agreement transferring an aspect of an individual’s right of publicity, only the following persons may grant consent to use an individual’s persona for a commercial purpose:
Terms Used In Ohio Code 2741.05
- Commercial purpose: means the use of or reference to an aspect of an individual's persona in any of the following manners:
(1) On or in connection with a place, product, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;
(2) For advertising or soliciting the purchase of products, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;
(3) For the purpose of promoting travel to a place;
(4) For the purpose of fundraising. See Ohio Code 2741.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Persona: means an individual's name, voice, signature, photograph, image, likeness, or distinctive appearance, if any of these aspects have commercial value. See Ohio Code 2741.01
- Right of publicity: means the property right in an individual's persona to use the individual's persona for a commercial purpose. See Ohio Code 2741.01
(1) A person or persons, including the individual whose right of publicity is at issue, who collectively own more than fifty per cent of the individual’s right of publicity, subject to the terms of any other licenses regarding that right of publicity;
(2) A person, including a licensee of the individual’s right of publicity, who is expressly authorized in writing to grant consent by a person or persons specified in division (A)(1) of this section.
(B) A person or persons specified in division (A) of this section may do one or both of the following:
(1) Grant a person or persons consent to use all or part of an individual’s right of publicity for a commercial purpose;
(2) Limit, restrict, or place conditions on how a person or persons to whom consent is granted pursuant to this section may use an individual’s right of publicity.