(a) (1) (A) Subject to subparagraph (B), a person who uses a deceased personalityâs name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties shall be required to present proof only of the gross revenue attributable to the use, and the person who violated the section shall prove the personâs deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party or parties in any action under this section shall also be entitled to attorneyâs fees and costs. (B) (i) Except as provided in clause (ii), a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work. (ii) If a work described in clause (i) includes within it a use in connection with a product, article of merchandise, good, or service, this use shall not be exempt under this subparagraph, notwithstanding the unprotected useâs inclusion in a work otherwise exempt under this subparagraph, if the claimant proves that this use is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service by the deceased personality without prior consent from the person or persons specified in subdivision (c). (2) (A) (i) Notwithstanding paragraph (1) and subject to clause (ii), a person who produces, distributes, or makes available the digital replica of a deceased personalityâs voice or likeness in an expressive audiovisual work or sound recording without prior consent from a person specified in subdivision (c) shall be liable to any injured party in an amount equal to the greater of ten thousand dollars ($10,000) or the actual damages suffered by a person controlling the rights to the deceased personalityâs likeness. (ii) For purposes of this section, a digital replica may be used without consent if the use of the digital replica meets any of the following criteria: (I) The use is in connection with any news, public affairs, or sports broadcast or account. (II) The use is for purposes of comment, criticism, scholarship, satire, or parody. (III) The use is a representation of the individual as the individualâs self in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated. (IV) The use is fleeting or incidental. (V) The use is in an advertisement or commercial announcement for a work described in subclauses (I) to (IV), inclusive. (B) For purposes of this paragraph: (i) âAudiovisual workâ means a work that consists of a series of related images that are intrinsically intended to be shown by the use of machines or
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