Hawaii · statute · Haw. Rev. Stat. ch. 482P · 9 active provisions
As used in this chapter, unless the context clearly requires otherwise: "Characteristic" means a distinctive appearance, gesture, or mannerism recognized as an identifying attribute of a personality. "Deceased individual" means any individual, regardless of the individual's place of domicile, residence, or citizenship…
Every individual or personality has a property right in the use of the individual's or personality's name, voice, signature, and likeness. The right shall be deemed to have existed before the enactment of this chapter, including at and after the time of death of any deceased individual or deceased personality, and shal…
(a) A right recognized by this chapter shall be freely transferable, assignable, and licensable, in whole or in part, by contract or inter vivos transfer. This right shall not expire upon the death of the individual or personality, but shall be owned and enforceable by the following successors, heirs, or other transfer…
(a) For individuals, except to the extent that the individual may have transferred, assigned, or licensed a right recognized by this chapter, the rights protected in this chapter are exclusive to the individual, and are exclusive to the persons entitled to the rights under section 482P-3 for a period of seventy years a…
(a) Any person desiring to register a publicity rights name may obtain a certificate of registration of the publicity rights name as provided in this section. The director shall have the power reasonably necessary to perform the duties required of the director under this section, and to administer the section efficient…
Except as provided in section 482P-7, any person who uses or authorizes the use of a living or deceased individual's or personality's name, voice, signature, or likeness, on or in goods, merchandise, or services entered into commerce in this State, or for purposes of advertising products, merchandise, goods, or service…
(a) The circuit courts of this State may grant injunctions on reasonable terms to prevent or restrain the unauthorized use of a right recognized by this chapter. (b) Any person who infringes a right granted by this chapter shall be liable for the greater of $10,000 or the actual damages sustained as a result of the inf…
(a) For purposes of section 482P-5, the use of a name, voice, signature, or likeness in connection with matters of cultural, historical, political, religious, educational, newsworthy, or public interest, including without limitation, comment, criticism, satire, and parody relating thereto, shall not constitute a use fo…
(a) An assignee or transferee of publicity rights shall have the right to make a publicity rights name registration. (b) Publicity rights of a deceased person that were not previously assigned or transferred shall be part of the deceased person's estate and shall be administered by the personal representative of the de…