{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1449","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1449","heading":"Unauthorized use of another person's rights of publicity","body":"- Damages - Consent - Presumptions - Fact questions - Exemptions.\n\nA. Any person who knowingly uses another's name, voice,\n\nsignature, photograph, or likeness, in any manner, on or in\n\nproducts, merchandise, or goods, or for purposes of advertising or\n\nselling, or soliciting purchases of, products, merchandise, goods,\n\nor services, without such person's prior consent, or, in the case of\n\na minor, the prior consent of his parent or legal guardian, shall be\n\nliable for any damages sustained by the person or persons injured as\n\na result thereof, and any profits from the unauthorized use that are\n\nattributable to the use shall be taken into account in computing the\n\nactual damages. In establishing such profits, the injured party or\n\nparties are required to present proof only of the gross revenue\n\nattributable to such use, and the person who violated this section\n\nis required to prove his or her deductible expenses. Punitive\n\ndamages may also be awarded to the injured party or parties. The\n\nprevailing party in any action under this section shall also be\n\nentitled to attorney's fees and costs.\n\nB. As used in this section, \"photograph\" means any photograph\n\nor photographic reproduction, still or moving, or any videotape or\n\nlive television transmission, of any person, such that the person is\n\nreadily identifiable.\n\n1. A person shall be deemed to be readily identifiable from a\n\nphotograph when one who views the photograph with the naked eye can\n\nreasonably determine that the person depicted in the photograph is\n\nthe same person who is complaining of its unauthorized use.\n\n2. If the photograph includes more than one person so\n\nidentifiable, then the person or persons complaining of the use\n\nshall be represented as individuals rather than solely as members of\n\na definable group represented in the photograph. A definable group\n\nincludes, but is not limited to, the following examples: A crowd at\n\nany sporting event, a crowd in any street or public building, the\n\naudience at any theatrical or stage production, a glee club, or a\n\nbaseball team.\n\n3. A person or persons shall be considered to be represented as\n\nmembers of a definable group if they are represented in the\n\nphotograph solely as a result of being present at the time the\n\nphotograph was taken and have not been singled out as individuals in\n\nany manner.\n\nC. Where a photograph or likeness of an employee of the person\n\nusing the photograph or likeness appearing in the advertisement or\n\nother publication prepared by or in behalf of the user is only\n\nincidental, and not essential, to the purpose of the publication in\n\nwhich it appears, there shall arise a rebuttable presumption\n\naffecting the burden of producing evidence that the failure to\n\nobtain the consent of the employee was not a knowing use of the\n\nemployee's photograph or likeness.\n\nD. For purposes of this section, a use of a name, voice,\n\nsignature, photograph, or likeness in connection with any news,\n\npublic affairs, or sports broadcast or account, or any political\n\ncampaign, shall not constitute a use for which consent is required\n\nunder subsection A of this section.\n\nE. The use of a name, voice, signature, photograph, or likeness\n\nin a commercial medium shall not constitute a use for which consent\n\nis required under subsection A of this section solely because the\n\nmaterial containing such use is commercially sponsored or contains\n\npaid advertising. Rather it shall be a question of fact whether or\n\nnot the use of the person's name, voice, signature, photograph, or\n\nlikeness was so directly connected with the commercial sponsorship\n\nor with the paid advertising as to constitute a use for which\n\nconsent is required under subsection A of this section.\n\nF. Nothing in this section shall apply to the owners or\n\nemployees of any medium used for advertising, including, but not\n\nlimited to, newspapers, magazines, radio and television networks and\nure, photograph, or\n\nlikeness was so directly connected with the commercial sponsorship\n\nor with the paid advertising as to constitute a use for which\n\nconsent is required under subsection A of this section.\n\nF. Nothing in this section shall apply to the owners or\n\nemployees of any medium used for advertising, including, but not\n\nlimited to, newspapers, magazines, radio and television networks and\n\nstations, cable television systems, billboards, and transit ads, by\n\nwhom any advertisement or solicitation in violation of this section\n\nis published or disseminated, unless it is established that such\n\nowners or employees had knowledge of the unauthorized use of the\n\nperson's name, voice, signature, photograph, or likeness as\n\nprohibited by this section.\n\nG. The remedies provided for in this section are cumulative and\n\nshall be in addition to any others provided for by law.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5ee0efc0ebc061c5ddf3be7ab7cd3f20864a68921f99a5baea1956a469fc7cd8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1448","next":"us-ok/okla.-stat.-tit.-12-12-1450"},"notice":"GroundRules: Original legal text. Not legal advice."}