597.810 - Remedies for unauthorized commercial use; liability of owner or employee of medium used for advertising.

597.810  Remedies for unauthorized commercial use; liability of owner or employee of medium used for advertising.

      1.  Any commercial use of the name, voice, signature, photograph or likeness of another by a person, firm or corporation without first having obtained written consent for the use is subject to:

      (a) Injunctive relief to prevent or restrain the unauthorized use; and

      (b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:

             (1) Actual damages, but not less than $750; and

             (2) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without the consent required by NRS 597.790.

      2.  No owner or employee of any medium used for advertising is liable pursuant to this section for any unauthorized commercial use of a person’s name, voice, signature, photograph or likeness unless it is established that the owner or employee had actual knowledge of the unauthorized use.

      (Added to NRS by 1989, 1609)—(Substituted in revision for NRS 598.988)