Civil actions — Damages

  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. Civil actions — Damages

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  1. (a) An aggrieved party may file a civil action in the county where:

    1. (1) One (1) or more defendants reside; or

    2. (2) A violation of this subchapter occurred.

  2. (b) Upon finding a violation of this subchapter, the court may issue an injunction to prevent or restrain the unauthorized commercial use of the name, voice, signature, photograph, or likeness of the individual.

  3. (c)

    1. (1) The holder of the property right under this subchapter is entitled to recover for the unauthorized commercial use of the property right by seeking both:

      1. (A) The actual damages the holder of the property right has suffered as a result of a commercial use of the property right; and

      2. (B) Any profits that are attributable to the commercial use.

    2. (2) Profits that are attributable to the commercial use shall not be considered in computing the actual damages.

    3. (3) The existence or nonexistence of profits from the unauthorized commercial use shall not be a criterion for determining liability.


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