reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-33. Judgment for Plaintiff; Contents

Sec. 33. In an action to recover the possession of personal property, judgment for the plaintiff may be for:
(1) the delivery of the property, or the value of the property in case delivery is not possible; and
(2) damages for the detention of the property.
[Pre-2002 Recodification Citation: 34-21-9-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-34. Judgment for Defendant; Contents

Sec. 34. In an action to recover the possession of personal property, if the property has been delivered to the plaintiff and the defendant claims a return of the property, judgment for the defendant may be for:
(1) the return of the property, or its value, in case return is not possible; and
(2) damages for the taking and withholding of the property.
[Pre-2002 Recodification Citation: 34-21-9-2.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-35. Assessment of Value of Property and Damages

Sec. 35. In actions for the recovery of specific personal property, the jury must assess:
(1) the value of the property; and
(2) the damages for the taking or detention of the property;
when the jury's verdict results in a judgment for the recovery or return of the property.
[Pre-2002 Recodification Citation: 34-21-10-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 32-13-1-8 (before its repeal, now codified at section 8 of this chapter) by P.L.54-2001 apply only to written consents obtained after July 1, 2001.
As added by P.L.220-2011, SEC.530.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-1. Application of Chapter

Sec. 1. (a) This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.
(b) This chapter does not affect rights and privileges recognized under any other law that apply to a news reporting or an entertainment medium.
(c) This chapter does not apply to the following:
(1) The use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms in any of the following:
(A) Literary works, theatrical works, musical compositions, film, radio, or television programs.
(B) Material that has political or newsworthy value.
(C) Original works of fine art.
(D) Promotional material or an advertisement for a news reporting or an entertainment medium that:
(i) uses all or part of a past edition of the medium's own broadcast or publication; and
(ii) does not convey or reasonably suggest that a personality endorses the news reporting or entertainment medium.
(E) An advertisement or commercial announcement for a use described in this subdivision.
(2) The use of a personality's name to truthfully identify the personality as:
(A) the author of a written work; or
(B) a performer of a recorded performance;
under circumstances in which the written work or recorded performance is otherwise rightfully reproduced, exhibited, or broadcast.
(3) The use of a personality's:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gestures; or
(I) mannerisms;
in connection with the broadcast or reporting of an event or a topic of general or public interest.
(4) A personality whose:
(A) name;
(B) voice;
(C) signature;
(D) photograph;
(E) image;
(F) likeness;
(G) distinctive appearance;
(H) gesture; or
(I) mannerisms;
have commercial value solely because the personality has been formally charged with or convicted of a crime.
[Pre-2002 Recodification Citation: 32-13-1-1.]
As added by P.L.2-2002, SEC.21. Amended by P.L.149-2012, SEC.17.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-2. "Commercial Purpose" Defined

Sec. 2. As used in this chapter, "commercial purpose" means the use of an aspect of a personality's right of publicity as follows:
(1) On or in connection with a product, merchandise, goods, services, or commercial activities.
(2) For advertising or soliciting purchases of products, merchandise, goods, services, or for promoting commercial activities.
(3) For the purpose of fundraising.
[Pre-2002 Recodification Citation: 32-13-1-2.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-3. "Name" Defined

Sec. 3. As used in this chapter, "name" means the actual or assumed name of a living or deceased natural person that is intended to identify the person.
[Pre-2002 Recodification Citation: 32-13-1-3.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-4. "News Reporting or an Entertainment Medium" Defined

Sec. 4. As used in this chapter, "news reporting or an entertainment medium" means a medium that publishes, broadcasts, or disseminates advertising in the normal course of its business, including the following:
(1) Newspapers.
(2) Magazines.
(3) Radio and television networks and stations.
(4) Cable television systems.
[Pre-2002 Recodification Citation: 32-13-1-4.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-5. "Person" Defined

Sec. 5. As used in this chapter, "person" means a natural person, a partnership, a firm, a corporation, or an unincorporated association.
[Pre-2002 Recodification Citation: 32-13-1-5.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-6. "Personality" Defined

Sec. 6. As used in this chapter, "personality" means a living or deceased natural person whose:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gesture; or
(9) mannerisms;
has commercial value, whether or not the person uses or authorizes the use of the person's rights of publicity for a commercial purpose during the person's lifetime.
[Pre-2002 Recodification Citation: 32-13-1-6.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-7. "Right of Publicity" Defined

Sec. 7. As used in this chapter, "right of publicity" means a personality's property interest in the personality's:
(1) name;
(2) voice;
(3) signature;
(4) photograph;
(5) image;
(6) likeness;
(7) distinctive appearance;
(8) gestures; or
(9) mannerisms.
[Pre-2002 Recodification Citation: 32-13-1-7.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-8. Consent Required for Commercial Use of a Personality's Right of Publicity; Application to the Rights of a Deceased Personality

Sec. 8. (a) A person may not use an aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for one hundred (100) years after the date of the personality's death without having obtained previous written consent from a person specified in section 17 of this chapter. If a personality is deceased, the following apply to the rights described in this subsection:
(1) The rights apply to the personality whether the personality died before, on, or after July 1, 1994.
(2) If the personality died before July 1, 1994, the rights are considered to have existed on and after the date the personality died.
(3) Consistent with section 1(a) of this chapter, a claim for a violation of a personality's right of publicity may not be asserted under this chapter unless the alleged act or event of violation occurs within Indiana.
(4) A claim for a violation of a personality's right of publicity may not be asserted under this chapter unless the alleged act or event of violation occurs after June 30, 1994.
(b) A written consent solicited or negotiated by an athlete agent (as defined in IC 25-5.2-1-2) from a student athlete (as defined in IC 25-5.2-1-2) is void if the athlete agent obtained the consent as the result of an agency contract that:
(1) was void under IC 25-5.2-2-2 or under the law of the state where the agency contract was entered into; or
(2) was voided by the student athlete, or, if the student athlete is a minor, by the parent or guardian of the student athlete, under IC 25-5.2-2-8 or a similar law in the state where the agency contract was entered into.
[Pre-2002 Recodification Citation: 32-13-1-8.]
As added by P.L.2-2002, SEC.21. Amended by P.L.149-2012, SEC.18; P.L.158-2013, SEC.336; P.L.95-2019, SEC.10.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-9. Jurisdictional Acts

Sec. 9. A person who:
(1) engages in conduct within Indiana that is prohibited under section 8 of this chapter;
(2) creates or causes to be created within Indiana goods, merchandise, or other materials prohibited under section 8 of this chapter;
(3) transports or causes to be transported into Indiana goods, merchandise, or other materials created or used in violation of section 8 of this chapter; or
(4) knowingly causes advertising or promotional material created or used in violation of section 8 of this chapter to be published, distributed, exhibited, or disseminated within Indiana;
submits to the jurisdiction of Indiana courts.
[Pre-2002 Recodification Citation: 32-13-1-9.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-10. Damages

Sec. 10. A person who violates section 8 of this chapter may be liable for any of the following:
(1) Damages in the amount of:
(A) one thousand dollars ($1,000); or
(B) actual damages, including profits derived from the unauthorized use;
whichever is greater.
(2) Treble or punitive damages, as the injured party may elect, if the violation under section 8 of this chapter is knowing, willful, or intentional.
[Pre-2002 Recodification Citation: 32-13-1-10.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-11. Profits Derived From Unauthorized Use; Proof

Sec. 11. In establishing the amount of the profits under section 10(1)(B) of this chapter:
(1) the plaintiff is required to prove the gross revenue attributable to the unauthorized use; and
(2) the defendant is required to prove properly deductible expenses.
[Pre-2002 Recodification Citation: 32-13-1-11.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-12. Additional Remedies

Sec. 12. In addition to any damages awarded under section 10 of this chapter, the court:
(1) shall award to the prevailing party reasonable attorney's fees, costs, and expenses relating to an action under this chapter; and
(2) may order temporary or permanent injunctive relief, except as provided by section 13 of this chapter.
[Pre-2002 Recodification Citation: 32-13-1-12.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-13. Injunctive Relief; Enforceability Against News Reporting or Entertainment Medium

Sec. 13. Injunctive relief is not enforceable against a news reporting or an entertainment medium that has:
(1) contracted with a person for the publication or broadcast of an advertisement; and
(2) incorporated the advertisement in tangible form into material that has been prepared for broadcast or publication.
[Pre-2002 Recodification Citation: 32-13-1-13.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-14. Impoundment of Materials Pending Resolution of Action

Sec. 14. (a) This section does not apply to a news reporting or an entertainment medium.
(b) During any period that an action under this chapter is pending, a court may order the impoundment of:
(1) goods, merchandise, or other materials claimed to have been made or used in violation of section 8 of this chapter; and
(2) plates, molds, matrices, masters, tapes, negatives, or other items from which goods, merchandise, or other materials described in subdivision (1) may be manufactured or reproduced.
(c) The court may order impoundment under subsection (b) upon terms that the court considers reasonable.
[Pre-2002 Recodification Citation: 32-13-1-14.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-15. Destruction or Other Disposition of Offending Materials

Sec. 15. (a) This section does not apply to a news reporting or an entertainment medium.
(b) As part of a final judgment or decree, a court may order the destruction or other reasonable disposition of items described in section 14(b) of this chapter.
[Pre-2002 Recodification Citation: 32-13-1-15.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-16. Property Rights

Sec. 16. The rights recognized under this chapter are property rights, freely transferable and descendible, in whole or in part, by the following:
(1) Contract.
(2) License.
(3) Gift.
(4) Trust.
(5) Testamentary document.
(6) Operation of the laws of intestate succession applicable to the state administering the estate and property of an intestate deceased personality, regardless of whether the state recognizes the property rights set forth under this chapter.
[Pre-2002 Recodification Citation: 32-13-1-16.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-17. Exercise and Enforcement of Rights and Remedies

Sec. 17. (a) The written consent required by section 8 of this chapter and the rights and remedies set forth in this chapter may be exercised and enforced by:
(1) a personality; or
(2) a person to whom the recognized rights of a personality have been transferred under section 16 of this chapter.
(b) If a transfer of a personality's recognized rights has not occurred under section 16 of this chapter, a person to whom the personality's recognized rights are transferred under section 18 of this chapter may exercise and enforce the rights under this chapter and seek the remedies provided in this chapter.
[Pre-2002 Recodification Citation: 32-13-1-17.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-18. Exercise and Enforcement of Rights and Remedies Following Death of Intestate Personality; Fractional Interests

Sec. 18. (a) Subject to sections 16 and 17 of this chapter, after the death of an intestate personality, the rights and remedies of this chapter may be exercised and enforced by a person who possesses a total of not less than one-half (1/2) interest of the personality's recognized rights.
(b) A person described in subsection (a) shall account to any other person in whom the personality's recognized rights have vested to the extent that the other person's interest may appear.
[Pre-2002 Recodification Citation: 32-13-1-18.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-19. Termination of Untransferred Rights Following Personality's Death

Sec. 19. If:
(1) a deceased personality's recognized rights under this chapter were not transferred by:
(A) contract;
(B) license;
(C) gift;
(D) trust; or
(E) testamentary document; and
(2) there are no surviving persons as described in section 17 of this chapter to whom the deceased personality's recognized rights pass by intestate succession;
the deceased personality's rights set forth in this chapter terminate.
[Pre-2002 Recodification Citation: 32-13-1-19.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 36. Publicity › Chapter 1. Rights of Publicity › 32-36-1-20. Rights and Remedies Supplemental to Others Provided by Law

Sec. 20. The rights and remedies provided for in this chapter are supplemental to any other rights and remedies provided by law.
[Pre-2002 Recodification Citation: 32-13-1-20.]
As added by P.L.2-2002, SEC.21.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 1. Application › 32-37-1-1. Exceptions

Sec. 1. This article does not apply to the following:
(1) A contract between a performing rights society and:
(A) a broadcaster licensed by the Federal Communications Commission;
(B) a cable television operator or programmer; or
(C) another transmission service.
(2) An investigation by a law enforcement agency.
(3) An investigation by a law enforcement agency or other person concerning a suspected violation of IC 24-4-10-4, IC 35-43-4-2, or IC 35-43-5-4 relating to a recording that does not conspicuously display the true name and manufacturer of the recording.
[Pre-2002 Recodification Citation: 32-14-1-1.]
As added by P.L.2-2002, SEC.22. Amended by P.L.181-2005, SEC.2; P.L.174-2021, SEC.26.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 2. Definitions › 32-37-2-2. "Copyright Owner"

Sec. 2. (a) "Copyright owner" means the owner of a copyright, enforceable under 17 U.S.C. 101 et seq., of a nondramatic musical work.
(b) The term does not include the owner of a copyright in a motion picture or an audiovisual work, or in part of a motion picture or an audiovisual work.
[Pre-2002 Recodification Citation: 32-14-2-2.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 2. Definitions › 32-37-2-3. "Performing Rights Society"

Sec. 3. (a) "Performing rights society" means an association or a corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners.
(b) The term includes the following:
(1) The American Society of Composers, Authors, and Publishers (ASCAP).
(2) Broadcast Music, Inc. (BMI).
(3) SESAC, Inc.
[Pre-2002 Recodification Citation: 32-14-2-3.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 2. Definitions › 32-37-2-4. "Proprietor"

Sec. 4. "Proprietor" means the owner of:
(1) a professional office;
(2) a retail establishment;
(3) a restaurant;
(4) a bar;
(5) a tavern; or
(6) an establishment similar to an establishment listed under subdivisions (1) through (5);
that is located in Indiana, in which the public may assemble, and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted.
[Pre-2002 Recodification Citation: 32-14-2-4.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 2. Definitions › 32-37-2-5. "Royalty"

Sec. 5. "Royalty" means a fee payable to a performing rights society for public performance rights.
[Pre-2002 Recodification Citation: 32-14-2-5.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 3. Contract Requirements › 32-37-3-1. Written Information to Be Provided; Request for Additional Information

Sec. 1. (a) At least seventy-two (72) hours before the execution of a contract between a performing rights society and a proprietor, the performing rights society shall provide the proprietor with the following written information:
(1) A schedule of the rates and terms of royalties under the contract.
(2) A toll free telephone number from which the proprietor may obtain answers to inquiries concerning musical works and copyright owners represented by the performing rights society.
(3) Notice that the performing rights society is in compliance with:
(A) state and federal law; and
(B) orders of courts having jurisdiction over:
(i) rates and terms of royalties; and
(ii) the licensing for public performance of copyrighted nondramatic musical works.
(b) At the request of the proprietor or a representative of the proprietor, not less than seventy-two (72) hours before the execution of a contract between a performing rights society and a proprietor, the performing rights society shall provide the proprietor with the following additional information or specify how the proprietor may, at the proprietor's expense, obtain the following additional information:
(1) The most recent available list of the members or affiliates represented by the society.
(2) The most recent available list of the copyrighted musical works in the performing rights society's repertory.
[Pre-2002 Recodification Citation: 32-14-3-1.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 3. Contract Requirements › 32-37-3-2. Requirements for Contract

Sec. 2. A contract executed, issued, or renewed in Indiana between a performing rights society and a proprietor must be in a writing signed by the parties and must include the following information:
(1) The name and business address of the proprietor.
(2) The name and address of the performing rights society.
(3) The name and location of each place of business to which the contract applies.
(4) The duration of the contract.
(5) The schedule of rates and terms of the royalties to be collected under the contract, including, if applicable, the sliding scale or schedule or the increase or decrease of the rates during the term of the contract.
[Pre-2002 Recodification Citation: 32-14-3-2.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 4. Prohibitions › 32-37-4-1. Prohibited Acts

Sec. 1. A performing rights society or an agent or employee of a performing rights society may not:
(1) enter into a contract unless the contract is executed in accordance with the provisions of this article;
(2) enter a proprietor's business premises to discuss a contract for the performance of copyrighted works or the payment of royalties without first disclosing:
(A) that the individual is an agent of a performing rights society; and
(B) the purpose of the discussion;
(3) engage in any coercive conduct, act, or practice that substantially disrupts a proprietor's business; or
(4) use or attempt to use any unfair or deceptive act or practice in dealing with a proprietor.
[Pre-2002 Recodification Citation: 32-14-4-1.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 37. Copyright › Chapter 5. Remedies › 32-37-5-1. Available Remedies

Sec. 1. A person who suffers a loss as a result of a violation of this article may:
(1) bring an action to recover:
(A) actual damages; and
(B) reasonable attorney's fees;
(2) seek an injunction; and
(3) seek any other remedy available at law or in equity.
[Pre-2002 Recodification Citation: 32-14-5-1.]
As added by P.L.2-2002, SEC.22.
2023 Indiana Code › Title 32. Property › Article 38. Title Insurance and Transfers to Certain Trusts › Chapter 2. Definitions › 32-38-2-4. "Named Insured Owner"

Sec. 4. "Named insured owner" means the person identified in a policy or commitment as the insured owner or the proposed insured owner of an interest in real property that is insured or proposed to be insured under the policy or commitment.
As added by P.L.95-2007, SEC.19.
2023 Indiana Code › Title 32. Property › Article 38. Title Insurance and Transfers to Certain Trusts › Chapter 3. Transfers to Certain Trusts › 32-38-3-1. Trustee Considered Insured Owner; Conditions

Sec. 1. The trustee of a trust is considered to be the insured owner under a policy or commitment that insures or proposes to insure an interest in real property that is transferred to the trust if:
(1) the transferee of the interest in real property is the trustee of the trust, the trust was established by the named insured owner, and the transferor is the named insured owner;
(2) the named insured owner reserves the right to amend or revoke the trust during the named insured owner's lifetime;
(3) the named insured owner is a natural person; and
(4) the transfer of the interest in real property is made by the named insured owner personally or by:
(A) the named insured owner's attorney in fact;
(B) the named insured owner's guardian or other similar person in a guardianship or protective proceeding in which the named insured owner is an incapacitated or a protected person; or
(C) the personal representative of the deceased named insured owner's estate under the terms and conditions of the named insured owner's last will and testament;
even if the named insured owner transfers the interest in real property to the trustee described in this section after the effective date of the policy or commitment.
As added by P.L.95-2007, SEC.19.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-1. Applicability of Article

Sec. 1. (a) This article applies to the following:
(1) A fiduciary acting under a will or power of attorney, regardless of when the will or power of attorney was executed.
(2) A personal representative acting for a decedent, regardless of the date of death of the decedent.
(3) A guardianship proceeding, regardless of when the guardianship proceeding commenced or whether the guardianship proceeding is pending.
(4) A trustee acting under a trust, regardless of when the trust was created.
(b) This article applies to a custodian that carries, maintains, processes, receives, or stores a digital asset of a user if the user:
(1) resides in Indiana; or
(2) resided in Indiana at the time of the user's death.
(c) This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-2. "Account"

Sec. 2. As used in this article, "account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-3. "Attorney in Fact"

Sec. 3. As used in this article, "attorney in fact" includes an attorney in fact granted authority under a durable power of attorney or a nondurable power of attorney.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-5. "Catalogue of Electronic Communications"

Sec. 5. As used in this article, "catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-6. "Content of an Electronic Communication"

Sec. 6. As used in this article, "content of an electronic communication" means information concerning the substance or meaning of the communication that:
(1) has been sent or received by a user;
(2) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
(3) is not readily accessible to the public.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-7. "Court"

Sec. 7. As used in this article, "court" means:
(1) a circuit court;
(2) a superior court;
(3) a probate court; or
(4) a juvenile court.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-8. "Custodian"

Sec. 8. As used in this article, "custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-9. "Designated Recipient"

Sec. 9. As used in this article, "designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-10. "Digital Asset"

Sec. 10. As used in this article, "digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-11. "Electronic"

Sec. 11. As used in this article, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-12. "Electronic Communication"

Sec. 12. As used in this article, "electronic communication" has the meaning set forth in 18 U.S.C. 2510(12).
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-13. "Electronic Communication Service"

Sec. 13. As used in this article, "electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-14. "Fiduciary"

Sec. 14. As used in this article, "fiduciary" means:
(1) an attorney in fact;
(2) a guardian;
(3) a personal representative; or
(4) a trustee.
The term includes an additional or successor attorney in fact, guardian, personal representative, or trustee as well as an original attorney in fact, guardian, personal representative, or trustee.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-15. "Guardian"

Sec. 15. As used in this article, "guardian" means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-16. "Information"

Sec. 16. As used in this article, "information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-17. "Online Tool"

Sec. 17. As used in this article, "online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-18. "Person"

Sec. 18. As used in this article, "person" means:
(1) an individual;
(2) an estate;
(3) a business or nonprofit entity;
(4) a public corporation;
(5) a government or subdivision, agency, or instrumentality of a government; or
(6) another legal entity.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-19. "Personal Representative"

Sec. 19. As used in this article, "personal representative" means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-20. "Power of Attorney"

Sec. 20. As used in this article, "power of attorney" means a record that grants an attorney in fact authority to act in the place of a principal.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-21. "Principal"

Sec. 21. As used in this article, "principal" means an individual who grants authority to an attorney in fact in a power of attorney.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-22. "Protected Person"

Sec. 22. As used in this article, "protected person" means an individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-23. "Record"

Sec. 23. As used in this article, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-24. "Remote Computing Service"

Sec. 24. As used in this article, "remote computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. 2510(14).
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-25. "Terms-of-Service Agreement"

Sec. 25. As used in this article, "terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-26. "Trustee"

Sec. 26. As used in this article, "trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 1. Application and Definitions › 32-39-1-28. "Will"

Sec. 28. As used in this article, "will" includes a codicil, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 2. Fiduciary's Access to Digital Assets › 32-39-2-1. User Direction Concerning Disclosure of Digital Asset

Sec. 1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user's digital assets:
(1) to disclose; or
(2) not to disclose;
some or all of the user's digital assets, including the content of electronic communications to a designated recipient. If the online tool allows the user to modify or delete a direction at all times, a direction by a user to the custodian regarding disclosure through use of an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give a direction under subsection (a) or if the custodian has not provided an online tool, the user, in a will, trust, power of attorney, or other record, may:
(1) allow; or
(2) prohibit;
disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's:
(1) direction through the use of an online tool under subsection (a); or
(2) provision in a will, trust, power of attorney, or other record under subsection (b);
overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 2. Fiduciary's Access to Digital Assets › 32-39-2-2. Rights of Custodian, User, and Fiduciary or Designated Recipient Under Terms-of-Service Agreement; Modification or Elimination of Fiduciary's Access

Sec. 2. (a) This article does not change or impair a right of:
(1) a custodian; or
(2) a user;
under a terms-of-service agreement to access and use digital assets of the user.
(b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by the user:
(1) for whom the fiduciary or designated recipient acts;
(2) who is represented by the fiduciary or designated recipient; or
(3) whose estate the fiduciary represents or acts for.
(c) A fiduciary's access to a user's digital assets may be modified or eliminated:
(1) by the user;
(2) by federal law; or
(3) by a terms-of-service agreement;
if the user has not given a direction under section 1(a) of this chapter or allowed or prohibited disclosure through a will, trust, power of attorney, or other record under section 1(b) of this chapter.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 2. Fiduciary's Access to Digital Assets › 32-39-2-3. Custodian's Disclosure of User's Digital Assets

Sec. 3. (a) When disclosing digital assets of a user under this chapter, the custodian, at the custodian's sole discretion, may:
(1) grant a fiduciary or designated recipient full access to the user's account;
(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated recipient a copy of a record of any digital asset that, on the date on which the custodian received the request for disclosure, the user could have accessed if the user:
(A) were alive;
(B) had full capacity; and
(C) had access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset that has been deleted by a user.
(d) Subject to subsection (e), if:
(1) a user directs a custodian to disclose to a fiduciary or designated recipient; or
(2) a fiduciary or designated recipient requests disclosure by a custodian of;
some, but not all, of the user's digital assets under this chapter, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian.
(e) If a custodian believes that a direction or request for the disclosure of some but not all of a user's digital assets as described in subsection (d) would impose an undue burden on the custodian, the custodian or fiduciary may seek an order from a court for the custodian:
(1) to disclose:
(A) a subset of the user's digital assets limited by date of the user's digital assets;
(B) all of the user's digital assets; or
(C) none of the user's digital assets;
to the fiduciary or designated recipient; or
(2) to disclose all of the user's digital assets to the court for review in camera.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 2. Fiduciary's Access to Digital Assets › 32-39-2-4. Disclosure to Personal Representative of Content of Deceased User's Electronic Communication

Sec. 4. If a deceased user consented to, or a court directs, disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian the following:
(1) A written request for disclosure in physical or electronic form.
(2) A certified or authenticated copy of the death certificate of the user.
(3) A copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5.
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications.
(5) If requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in clause (A);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the user's estate.
As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.23; P.L.185-2021, SEC.55.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 2. Fiduciary's Access to Digital Assets › 32-39-2-5. Disclosure to Personal Representative of Deceased User's Other Digital Assets

Sec. 5. Unless the user prohibited disclosure of the user's digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified or authenticated copy of the death certificate of the user;
(3) a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5; or
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user;
(C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the user's estate; or
(D) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in clause (A); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the user's estate.
As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24; P.L.185-2021, SEC.56.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 2. Fiduciary's Access to Digital Assets › 32-39-2-6. Disclosure to Principal's Attorney in Fact of Content of Principal's Electronic Communications

Sec. 6. To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal's attorney in fact the content of the electronic communications of the principal if the attorney in fact gives the custodian:
(1) a written request for disclosure of the electronic communications in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the attorney in fact authority over the content of electronic communications of the principal;
(3) a certification by the attorney in fact, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the principal's account; or
(B) evidence linking the account to the principal.
As added by P.L.137-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 39. Revised Uniform Fiduciary Access to Digital Assets Act › Chapter 2. Fiduciary's Access to Digital Assets › 32-39-2-7. Disclosure to Principal's Attorney in Fact of Principal's Other Digital Assets

Sec. 7. Unless otherwise ordered by a court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an attorney in fact having specific authority over the principal's digital assets or general authority to act on behalf of the principal a catalogue of electronic communications sent or received by the principal and the digital assets, other than the content of electronic communications, of the principal if the attorney in fact gives the custodian:
(1) a written request for disclosure of the catalogue of electronic communications and the digital assets in physical or electronic form;
(2) an original or a copy of the power of attorney giving the attorney in fact specific authority over the principal's digital assets or general authority to act on behalf of the principal;
(3) a certification by the attorney in fact, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the principal's account; or
(B) evidence linking the account to the principal.
As added by P.L.137-2016, SEC.14.