2016 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 6 - Business Practices
Chapter 75 - Unfair Practices
Subchapter 11 - -- Frank Broyles Publicity Rights Protection Act of 2016
§ 4-75-1106. Registration

(a) A successor in interest shall register a claim of property rights under this subchapter in the manner provided by this section.

(b) Unless a claim of property rights under this subchapter is registered under this section, a successor in interest shall not recover damages from a person or obtain any other legal or equitable remedy on the claim for a commercial use prohibited by this subchapter unless the person knew of the claim of the successor in interest before the person undertook efforts or expense to make the commercial use.

(c) (1) A successor in interest shall register the claim with the Secretary of State:

(A) On a form prescribed by the Secretary of State; and

(B) By paying a filing fee prescribed by the Secretary of State not to exceed twenty-five dollars ($25.00).

(2) The form shall:

(A) Be verified under oath;

(B) Include the name and, if applicable, date of death of the individual; and

(C) Include the name and address of the claimant, the basis of the claim, and the property rights claimed.

(d) (1) Upon receipt of the claim, the Secretary of State shall file and post the form along with the entire registry of persons claiming to be a successor in interest of a decedent on the website of the Secretary of State.

(2) The Secretary of State shall microfilm or otherwise reproduce the filing or form and destroy the original filing or form.

(3) Under this section, the microfilm or other reproduction of the filing or form is:

(A) Admissible in any court of law; and

(B) A matter of public record.