BILL ANALYSIS
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THIRD READING
Bill No: AB 585
Author: Duvall (R), et al
Amended: 9/3/09 in Senate
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.
Senate Floor Amendments of 9/3/09 make two technical
amendments and add co-authors.
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
CONTINUED
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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,
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 9/4/09)
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 9/4/09)
California Newspaper Publishers Association
ARGUMENTS IN SUPPORT : This bill is a response to the
Internet sale of T-shirts and other political merchandise
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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
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,
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Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
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 9/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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