Rights of Publicity
IN Right of Publicity
Other
Indiana's broad right-of-publicity statute requires prior written consent before anyone uses a person's name, voice, likeness, or other identifying traits for commercial purposes, during life and for 100 years after death. Rights are transferable and descendible. News, entertainment, literary, and political uses are exempt.
- Where
- Indiana
- Citation
- Ind. Code ch. 32-36-1 (IC 32-36-1-0.2 to 32-36-1-20)
- Status
- In force
- In force since
- 1994-07-01
- Enforced by
- Private enforcement by the personality or rights holders
- People can sue
- Yes
- Penalties
- The greater of $1,000 or actual damages including profits; treble or punitive damages for knowing, willful, or intentional violations; mandatory attorney's fees to the prevailing party, injunctions, and impoundment (IC 32-36-1-10 to 32-36-1-15).
- Applies to
- Any person who uses a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms for a commercial purpose through acts or events in Indiana, regardless of the personality's domicile (IC 32-36-1-1, 32-36-1-8)
Practices it requires
- Obtain prior written consent from the personality or rights holder before using any aspect of their right of publicity for a commercial purpose, during life and for 100 years after death.IC 32-36-1-8(a) · Only if: Exemptions for literary, theatrical, musical, film, broadcast, news, political, and certain other uses (IC 32-36-1-1(c))
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The 1994 effective date is inferred from IC 32-36-1-8(a)(1) (rights apply to personalities who died before, on, or after July 1, 1994); the original enactment and the P.L.95-2019 amendment date were not confirmed.
Research reference, not legal advice.