Section 2741.05 | Granting consent for commercial use.
(A) Except as otherwise expressly provided in an agreement transferring an aspect of an individual's right of publicity, only the following persons may grant consent to use an individual's persona for a commercial purpose:
(1) A person or persons, including the individual whose right of publicity is at issue, who collectively own more than fifty per cent of the individual's right of publicity, subject to the terms of any other licenses regarding that right of publicity;
(2) A person, including a licensee of the individual's right of publicity, who is expressly authorized in writing to grant consent by a person or persons specified in division (A)(1) of this section.
(B) A person or persons specified in division (A) of this section may do one or both of the following:
(1) Grant a person or persons consent to use all or part of an individual's right of publicity for a commercial purpose;
(2) Limit, restrict, or place conditions on how a person or persons to whom consent is granted pursuant to this section may use an individual's right of publicity.
Available Versions of this Section
- November 22, 1999 – Senate Bill 54, 123rd General Assembly [ View November 22, 1999 Version ]