Alabama Right of Publicity Act.

Ala. Code tit. 6, ch. 5, art. 39

in effect

Ala. Code § 6-5-770 Short Title.

6-5-770. Short Title. This article shall be known and may be cited as the Alabama Right of Publicity Act. (Act 2015-188, §1.)

Ala. Code § 6-5-771 Definitions.

6-5-771. Definitions. For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more of those attributes. (2) PERSON. A natural person or a deceased natural person who at any time resided in this state or died while in this state or whose estate is, or was, probated in any county in this state. (3) RIGHT OF PUBLICITY. There is a right of publicity in any indicia of identity, both singular and plural, of every person, whether or not famous, which right endures for the life of the person and for 55 years after his or her death, whether or not the person commercially exploits the right during his or her lifetime. The right is freely transferable and descendible, in whole or in part, and shall be considered property of the estate of the decedent unless otherwise transferred. (Act 2015-188, §2.)

Ala. Code § 6-5-772 Liability for Use of Indicia of Identity Without Consent.

6-5-772. Liability for Use of Indicia of Identity Without Consent. (a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person’s rights. (b) Liability may be found under this section without regard as to whether the use is for profit or not for profit. (Act 2015-188, §3.)

Ala. Code § 6-5-773 Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action.

6-5-773. Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action. (a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 2022. (b) It is a fair use and not a violation of Section 6-5-772 if the use of the indicia of identity is in connection with a news, public affairs, or public interest account, political speech or a political campaign, live or prerecorded broadcast or streaming of a sporting event or photos, clips, or highlights included in broadcasts or streaming of sports news or talk shows, or documentaries, or any advertising or promotion of the same (public interest work), or is part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, film, television program, radio program or the like (artistic work), or any advertising or promotion of the same, unless the claimant proves, subject to subsection (a), that the use in an artistic work is such a replica as to constitute a copy of the person’s indicia of identity for the purposes of trade. (c) With respect to advertising and promotion of public interest works and artistic works, except for the advertising or promotion of a public interest work itself as permitted by subsection (b), it shall not be deemed a fair use if the claimant proves that his or her indicia of identity has been directly connected to and affirmatively used in a commercial manner to advertise, promote, or endorse a product, good, or service. (d) The commercial use of a person’s indicia of identity in a commercial medium does not constitute a violation of Section 6-5-772 if the material containing the commercial use is authorized by the person or the person’s authorized representative or agent for commercial sponsorship or paid advertising. (e) It is not a fair use and is a violation of Section 6-5-772 if a person’s indicia of identity is used, without such person’s permission, in a manner stating or implying that such person has endorsed or supports a candidate for public office. (f) Those who lawfully obtain authorized products containing indicia of identity are not liable under this section for their resale of such products. (g) Any action brought pursuant to this article shall be commenced within two years from the act or omission giving rise to the claim. If the cause of action is not discovered and could not reasonably have been discovered within that time period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. In no event may the action be commenced more than four years after the act or omission giving rise to the claim. (Act 2015-188, §4.)

Ala. Code § 6-5-774 Remedies.

6-5-774. Remedies. A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages, including the defendant’s profits derived from such use. The plaintiff, within a reasonable time after the close of discovery, shall elect whether to claim statutory damages or to instead receive such monetary relief as the fact finder may independently determine to award in accordance with this section. b. Any other damages available under Alabama law, including punitive damages. An election of statutory damages does not preclude the recovery of punitive damages if such damages are available under Alabama law. (2) Injunctive relief. A violation of this article is deemed to constitute a rebuttable presumption of irreparable harm for the purposes of injunctive relief. (Act 2015-188, §5.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026