P.R. Laws tit. 32, § 3151

2019-02-20
§ 3151. Definitions

(a) Authorized agent.— Whoever is directly authorized to consent to the use of a person’s likeness through an agency or under a representation agreement.

(b) Damages.— All compensatory damages, including, but not limited to loss of income if the person had consented to a likeness licensing agreement, as well as the profit made by the offender exclusively through the unauthorized use of a person’s likeness.

(c) Likeness.— Name, photograph, portrait, voice, signature, attribute or any representation of a person through which an average observer or listener may identify the same, produced using any reproduction procedure or technique.

(d) Gross negligence.— Total carelessness or failure to adhere to a minimal standard of care that raises a presumption of indifference to consequences, implying reckless disregard.

(e) Parody.— Comical imitation that uses elements which, at least partly, provides commentary of or directly mocks a person altering his/her image.

(f) Person.— Natural person, living or deceased, regardless of the previous use of his/her likeness for commercial purposes. It includes any legal entity that holds the rights of a person’s likeness through a license or by transfer of publicity rights.

(g) Accessory figure.— A person who is not the focus of a communication, but rather a part of a group or background figure.

(h) Commercial purpose.— The use of a person’s likeness in connection with an advertisement, offer, or sale of a product, merchandise, good or service in the market.

(i) Advertising purposes.— The use of an individual’s likeness in communications media to broadcast or inform the public of a good or service available in the market, including its use in company announcements.

(j) Satire.— Expression that seeks to criticize or ridicule someone or something by using it’s likeness without alteration or transformation.

History

—July 13, 2011, No. 139, § 2.