Definitions

1. Law
2. Arkansas Code
3. Business and Commercial Law
4. Business Practices
5. Unfair Practices
6. Frank Broyles Publicity Rights Protection Act of 2016
7. Definitions

As used in this subchapter:

1. (1)

   1. (A) “Commercial use” means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:

      1. (i) For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or

      2. (ii) On or in connection with products, merchandise, goods, or other commercial activity that is not exempt under this subchapter.

   2. (B) “Commercial use” does not mean the use of an individual's name, voice, signature, photograph, or likeness to identify the individual for the purpose of:

      1. (i) Data collection or data reporting and supplying the data collected or reported; or

      2. (ii) Data processing, data matching, data distribution, or data licensing;

2. (2) “Individual” means a natural person, alive or dead;

3. (3) “Likeness” means a reproduction of the image of an individual by any means other than a photograph;

4. (4)

   1. (A) “Person” means an individual or entity.

   2. (B) “Person” includes:

      1. (i) A partnership, a corporation, a company, an association, or any other business entity;

      2. (ii) A not-for-profit corporation or association;

      3. (iii) An educational or religious institution;

      4. (iv) A political party; and

      5. (v) A community, civic, or other organization;

5. (5) “Photograph” means a reproduction of the image of an individual that readily identifies the individual, whether made by photography, videotape, live transmission, or other means; and

6. (6) “Successor in interest” means an owner or the beneficial owner of a property right provided by this subchapter under:

   1. (A) A transfer, assignment, or license of the property right; or

   2. (B) Section 4-75-1104(b)(3).

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