Property right in use of name, voice, signature, photograph, or likeness — Prior consent

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. Property right in use of name, voice, signature, photograph, or likeness — Prior consent

1. (a) An individual has a property right in the commercial use by any medium in any manner without the individual's prior consent of:

   1. (1) The individual's name, voice, signature, photograph, or likeness; and

   2. (2) Any combination of the individual's name, voice, signature, photograph, or likeness.

2. (b) The property right provided under subsection (a) of this section:

   1. (1) Is freely transferable, assignable, licensable, and descendible, in whole or in part, by contract or by a trust, testamentary disposition, or other instrument executed before or after August 22, 2016;

   2. (2) Does not expire upon the death of an individual, whether or not the rights were commercially used by the individual during the individual's lifetime; and

   3. (3)

      1. (A) Upon the death of an individual, vests in the individual's executors, administrators, heirs, devisees, and assignees according to:

         1. (i) The terms of a trust, testamentary, or other instrument under subdivision (b)(1) of this section; or

         2. (ii) Except as provided in subdivision (b)(3)(B) of this section, if a testamentary instrument does not expressly provide for the transfer of a property right provided by subsection (a) of this section, the laws of this state governing intestate succession to personalty control.

      2. (B) In the absence of an express transfer in a testamentary instrument of the rights of an individual in his or her name, voice, signature, photograph, or likeness, a provision in the testamentary instrument that provides for the disposition of the residue of the individual's assets is effective to transfer the rights recognized under this section in accordance with the terms of the provision.

3. (c) Subject to the terms of a transfer, assignment, or license of a property right provided by this section, the consent required by subsection (a) of this section shall be exercised by:

   1. (1) The individual during the lifetime of the individual;

   2. (2) A person or persons to whom all or part of the right of consent has been transferred, assigned, or licensed; or

   3. (3) After the death of an individual, as provided by § 4-75-1105.

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