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Common Law Civil remedies under Ohio common law include actual damages and injunctive relief.
Statutory The Ohio right of publicity statute specifically exempts use of an individual's persona in 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; material that has political or newsworthy value; original works of fine art; or an advertisement or commercial announcement for a use permitted in any of these works. 2004) (right of privacy under Ohio law does not prohibit the publication of matters of general or public interest, or the use of the name or picture of a person in connection with the publication of legitimate news.) Other exemptions include use of: Ohio Rev.
Factors to be considered in setting the amount of a statutory damage award include the: Ohio Rev.
Under the Ohio statute, a court may award treble damages against the owners or employees of any advertising medium in which an advertisement or solicitation is published or disseminated, is there is a finding that the owners or employees had knowledge of the unauthorized use of the persona.
Statutory An action must be brought within four years of a violation. The following persons may bring a civil action to enforce the publicity rights set out in the Ohio statute: (1) a person or persons, including an individual whose right of publicity is at issue, who collectively own all of an individual's right of publicity, subject to any licenses regarding that right of publicity; (2) a person, including a licensee of an individual's right of publicity, who is expressly authorized in writing by the owner or owners of an individual's right of publicity to bring a civil action; (3) a person to whom ownership or any portion of ownership of an individual's right of publicity has been transferred. If holders of more than fifty percent (50%) of the right of publicity object in a timely fashion, the action may not proceed. That individual, and any other transferees of the right, may object to the proposed civil action within time frames set forth in the statute. Ohio 1983) What Constitutes a Violation of the Common Law Right The elements of a common law claim of appropriation of a person's name or likeness are: , 433 U. 562 (1977): "The interest which the law protects is that of each individual to the exclusive use of his own identity, and that interest is entitled to protection from misuses whether the misuse is for commercial purposes or otherwise." A defendant must have appropriated the reputation, prestige, social, or commerical standing, public interest, or other values of a person's name or likeness. As noted above, the statutory remedies are supplemental to any other remedies provided by state or federal statute or common law. Generally speaking, the right of publicity in Ohio protects against unwarranted appropriation or exploitation of one's personality. Ohio's right of publicity statute explicitly states that a right of publicity is a property right. Ohio has two systems of right of publicity law: a statutory right as a property interest, and a common law right as a right of privacy. You should first familiarize yourself with the statute. The Ohio statute provides both civil remedies and criminal penalties for violations of the provisions. Under the Ohio statute, the right of publicity is a property right and is freely transferable and descendible, in whole or in part, by: Ohio Rev. Before bringing an civil action, a person who holds partial ownership of an individual's right of publicity must give notice to that person and to any other person to whom ownership has been transferred. What Constitutes a Statutory Violation The elements of a civil claim under the Ohio right of publicity statute are: What the Common Law Right Protects Ohio recognizes a common law cause of action for the unauthorized commercial use of a living person's name, likeness or identity as a right of privacy. "The right of publicity is an intellectual property right of recent origin which is the inherent right of every human being to control the commercial use of his or her identity." ETW Corp.