CHAPTER 482P

PUBLICITY RIGHTS

Section

   482P-1 Definitions

   482P-2 Property right in use of name, voice, signature,

          or likeness

   482P-3 Transfer, assignment, and license

   482P-4 Right is exclusive for individuals and personalities

 482P-4.5 Recording, issuance, and effect of certificate

   482P-5 Infringement of right; use without consent; profit

          or not for profit

   482P-6 Infringement of right; circuit courts; injunctions;

          liability for damages and profits; impoundment;

          destruction; attorneys' fees

   482P-7 Exemptions from use restrictions; when chapter does

          not apply

   482P-8 Procedure for identifying transferees, licensees, or

          assignees; requirement to seek damages or relief

Revision Note

  Throughout this chapter, reference to "individual's" substituted for "individual" or "individuals", as appropriate pursuant to §23G-15.

Case Notes

  Where a tattoo artist died decades before the enactment of the Hawaii Publicity Rights Act (HPRA), and an organization consisting of heirs of the artist asserted claims against defendants for the production and marketing of the artist's works, the district court held that any rights defendants legally obtained under existing laws prior to the enactment of the HPRA could not be displaced by the subsequent retrospective operation of the HPRA.  472 F. Supp. 3d 806 (2020).