BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 585| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 585 Author: Duvall (R) Amended: As introduced Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 7/7/09 AYES: Corbett, Harman, Florez, Leno, Walters ASSEMBLY FLOOR : 75-0, 4/20/09 (Consent) - See last page for vote SUBJECT : Deceased personalities SOURCE : Author DIGEST : This bill amends the definition of a deceased personality to include a person whose name, voice, signature, photograph, or likeness has commercial value because of his/her death. ANALYSIS : Existing law prohibits the use of a deceased personality's name, voice, signature, photograph, or likeness, without consent, on merchandise or goods, products, or services for 70 years after the death of the deceased personality. The right to consent is transferable by contract, trust or testamentary instrument, and this right is exercisable by those persons to whom the right was transferred, or, if no such person exists, by the spouse or other specifically listed heirs. An exception to this prohibition is the use of the personality's name, voice, CONTINUED AB 585 Page 2 signature or photo or likeness in a play, book, magazines, etc., or other material that is of political or newsworthy value, or is a single work of fine art, or in an advertisement or commercial announcement of any of these uses. Thus, use of a name, voice, signature, photograph, or likeness of a deceased personality in connection with any news, public affairs, or sports broadcast or account or any political campaign does not constitute a use for which consent is required under law. (Sections 3344.1(a)(1), 3344.1(a)(2), and 3344.1(b) of the Civil Code) Existing law defines "deceased personality" as a person whose name, voice, signature, photograph or likeness has commercial value at the time of his/her death, whether or not during his/her lifetime the name, voice, signature, photo, or likeness was used on products, merchandise, goods or for advertising or selling products, merchandise, or services. (Section 3344.1(h) of the Civil Code) This bill amends the definition of "deceased personality" to include persons whose names, likenesses, or other characteristics have commercial value because of their death. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 7/8/09) American Legion - Department of California California State Sheriffs' Association Sheriff-Coroner of Stanislaus County The Blue Star Moms Vietnam Veterans of America, California State Council OPPOSITION : (Verified 7/8/09) California Newspaper Publishers Association ARGUMENTS IN SUPPORT : This bill is a response to the Internet sale of T-shirts and other political merchandise that contains the names of American soldiers killed in the war in Iraq. According to the author, out of respect to both the soldiers and their families, the names of fallen AB 585 Page 3 soldiers should not be exploited for commercial use. The author states: "After all, the law has been there to protect Hollywood actors. We are merely adding on to the existing language in an attempt to offer the same protection to our soldiers and their families that we extend to actors." The American Legion and Vietnam Veterans of California states: "We believe this will protect our fallen soldiers and their families from having the soldier's names or likenesses abused by groups, particularly those groups who protest the war by printing t-shirts with dead soldier's names on them." Other supporters, parents of soldiers who had been lost in the war in Iraq, state that "[e]xploitation because of death solely for monetary gain is reprehensible and in complete disregard for the parents' well-being." ARGUMENTS IN OPPOSITION : The California Newspaper Publishers Association (CNPA) states that "?[T]his bill is intended to create civil liability for those who have printed the names of deceased soldiers on T-shirts for sale to the public. Without judging a particular factual situation, there is strong argument that the creation and distribution of T-shirts with the names of deceased soldiers is political speech that is protected by the First Amendment and the California Constitution, even if the shirts are sold for a profit. Because it appears the bill is intended to chill this speech, rather than protect the legitimate intellectual property interests of the heirs of deceased personalities, CNPA must respectfully oppose [this] bill." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Block, Blumenfield, Brownley, Caballero, Carter, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. AB 585 Page 4 Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass NO VOTE RECORDED: Blakeslee, Buchanan, Charles Calderon, Chesbro, Hall RJG:mw 7/8/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****