Section 2741.09 | Exceptions.
(A) This chapter does not apply to any of the following:
(1)(a) A literary work, dramatic work, fictional work, historical work, audiovisual work, or musical work regardless of the media in which the work appears or is transmitted, other than an advertisement or commercial announcement not exempt under division (A)(1)(d) of this section;
(b) Material that has political or newsworthy value;
(c) Original works of fine art;
(d) An advertisement or commercial announcement for a use permitted by division (A)(1)(a), (b), or (c) of this section.
(2) The use of an individual's name to truthfully identify the individual as the author of or contributor to a written work or the performer of a recorded performance under circumstances in which the written work or the recorded performance is otherwise lawfully reproduced, exhibited, or broadcast;
(3) The use of an aspect of an individual's persona in connection with the broadcast or reporting of an event or topic of general or public interest;
(4) The use of the persona of an individual solely in the individual's role as a member of the public if the individual is not named or otherwise singled out as an individual;
(5) A use of an individual's persona by an institution of higher education if all of the following apply:
(a) The individual is or was a student at, or a member of the faculty or staff of, the institution of higher education.
(b) The use of the individual's persona is for educational purposes or for the promotion of the institution of higher education and its educational or institutional objectives.
(6) A use of the persona of an individual that is protected by the First Amendment to the United States Constitution as long as the use does not convey or reasonably suggest endorsement by the individual whose persona is at issue.
(B) This chapter does not affect rights or privileges recognized under the Ohio Constitution or United States Constitution.
Available Versions of this Section
- November 22, 1999 – Senate Bill 54, 123rd General Assembly [ View November 22, 1999 Version ]