HB179 Alabama 2019 Session

Under existing common law, a plaintiff may file a claim for commercial misappropriation of likeness, which occurs when a defendant appropriates a plaintiff's likeness to the commercial benefit of the defendant

This bill would establish a statutory right to file a misappropriation of likeness claim

This bill would provide that an individual's right to likeness exists during his or her lifetime and for 20 years after his or her death, and provides a procedure for its termination

This bill would provide civil remedies and criminal penalties for violations

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to civil practice; to establish a statutory right to misappropriation of likeness claims; to provide civil remedies; to provide criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.