597.790 - Existence and term of right; written consent required for commercial use; exceptions.
597.790 Existence and term of right; written consent required for commercial use; exceptions.
1. There is a right of publicity in the name, voice, signature, photograph or likeness of every person. The right endures for a term consisting of the life of the person and 50 years after his or her death, regardless of whether the person commercially exploits the right during his or her lifetime.
2. Any commercial use by another of the name, voice, signature, photograph or likeness of a person requires the written consent of that person or his or her successor in interest unless:
(a) The use is contained in material which is commercially sponsored but the use is not directly connected with the commercial sponsorship;
(b) The use is an attempt to portray, imitate, simulate or impersonate a person in a live performance;
(c) The use is in connection with a news, public affairs or sports broadcast or publication;
(d) The use is an attempt to portray, imitate, simulate or impersonate a person in a play, book, magazine article, newspaper article, musical composition, film, or a radio, television or other audio or visual program, except where the use is directly connected with commercial sponsorship;
(e) The use is in connection with an original work of art except that multiple editions of such a work of art require consent;
(f) The use is in connection with an advertisement or commercial announcement for a use permitted by this subsection; or
(g) The use is in connection with the efforts of a governmental agency to promote travel and tourism in this state, portray historical events or commemorate persons or physical sites that are significant in the history of this state, except where the use is directly connected with commercial sponsorship.
Ê For the purposes of this subsection, the issue of whether a use is directly connected with commercial sponsorship is a question of fact, to be determined by the trier of fact in an action brought pursuant to NRS 597.810.
3. If a governmental agency intends to have photographs taken at a public event for use pursuant to paragraph (g) of subsection 2, the governmental agency shall, if practicable, announce or otherwise inform the public, or request the sponsor of the event to announce or otherwise inform the public, that photographs may be taken that can be used in materials for the promotion of travel and tourism in this state without permission from the person photographed.
(Added to NRS by 1989, 1608; A 1995, 1646)