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2017 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
§ 4-75-1103. Definitions
Universal Citation: AR Code § 4-75-1103 (2017)
- As used in this subchapter:
- (1) (A) "Commercial use" means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:
- (i) For advertising, selling, or soliciting purchases of products, merchandise, goods, or services; or
- (ii) On or in connection with products, merchandise, goods, or other commercial activity that is not exempt under this subchapter.
- (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:
- (i) Data collection or data reporting and supplying the data collected or reported; or
- (ii) Data processing, data matching, data distribution, or data licensing;
- (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:
- (2) "Individual" means a natural person, alive or dead;
- (3) "Likeness" means a reproduction of the image of an individual by any means other than a photograph;
- (4)
- (A) "Person" means an individual or entity.
- (B) "Person" includes:
- (i) A partnership, a corporation, a company, an association, or any other business entity;
- (ii) A not-for-profit corporation or association;
- (iii) An educational or religious institution;
- (iv) A political party; and
- (v) A community, civic, or other organization;
- (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) "Successor in interest" means an owner or the beneficial owner of a property right provided by this subchapter under:
- (A) A transfer, assignment, or license of the property right; or
- (B) Section 4-75-1104(b)(3).
- (1) (A) "Commercial use" means the use of an individual's readily identifiable name, voice, signature, photograph, or likeness:
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