As nonexclusive remedies for infringement, the legislation provides for the greater of actual or statutory damages, injunctive relief, impounding of infringing materials, and attorney's fees and costs. Statutory defenses include a full range of specific First Amendment defenses, a panoply of safe harbors and uses that are incidental or merely descriptive. Class actions are prohibited. A. Existing Law in Other States. Other states with statutory protection include California, Florida, Indiana, Kentucky, Massachusetts, Nebraska, Nevada, New York, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia and Wisconsin.
Legislation is pending in Illinois.
In most states with publicity laws, the laws can be invoked successfully by relatively unknown individuals. However, the vast majority of claims are brought by celebrities whose persona has substantial endorsement or attention-attracting value. Typically, a person's publicity or personality right is violated when recognizable aspects of his or her persona, such as name, voice, signature or photograph are used, without their permission, to sell or advertise the produce or services of someone else. In most states with publicity rights, the rights survive death and are transferable and descendible. In Tennessee, the right survives indefinitely, so long as they are used at least every 10 years.