Okla. Stat. tit. 12, § 12-1448

use - Claims - Exemptions.

A. Any person who uses a deceased personality's name, voice,

signature, photograph, or likeness, in any manner, on or in

products, merchandise, or goods, or for purposes of advertising or

selling, or soliciting purchases of, products, merchandise, goods,

or services, without prior consent from the person or persons

specified in subsection C of this section, shall be liable for any

damages sustained by the person or persons injured as a result

thereof, and any profits from the unauthorized use that are

attributable to the use shall be taken into account in computing the

actual damages. In establishing these profits, the injured party or

parties shall be required to present proof only of the gross revenue

attributable to the use and the person who violated this section is

required to prove his or her deductible expenses. Punitive damages

may also be awarded to the injured party or parties. The prevailing

party or parties in any action under this section shall also be

entitled to attorney's fees and costs.

B. The rights recognized under this section are property

rights, freely transferable, in whole or in part, by contract or by

means of trust or testamentary documents, whether the transfer

occurs before the death of the deceased personality, by the deceased

personality or his or her transferees, or, after the death of the

deceased personality, by the person or persons in whom such rights

vest under this section or the transferees of that person or

persons.

C. The consent required by this section shall be exercisable by

the person or persons to whom such right of consent (or portion

thereof) has been transferred in accordance with subsection B of

this section, or if no such transfer has occurred, then by the

person or persons to whom such right of consent (or portion thereof)

has passed in accordance with subsection D of this section.

D. Subject to subsections B and C of this section, after the

death of any person, the rights under this section shall belong to

Oklahoma Statutes - Title 12. Civil Procedure Page 292

the decedents' spouse, issue, or parents in accordance with Section

213 of Title 84 of the Oklahoma Statutes. Said rights shall be

exercised on behalf of and for the benefit of all those persons, by

those persons who, in the aggregate, are entitled to more than a

one-half (1/2) interest in such rights.

E. If any deceased personality does not transfer his or her

rights under this section by contract, or by means of a trust or

testamentary document, and there are no surviving persons as

described in subsection D of this section, then the rights set forth

in subsection A of this section shall terminate.

F. 1. A successor-in-interest to the rights of a deceased

personality under this section or a licensee thereof may not recover

damages for a use prohibited by this section that occurs before the

successor-in-interest or licensee registers a claim of the rights

under paragraph 2 of this subsection.

2. Any person claiming to be a successor-in-interest to the

rights of a deceased personality under this section or a licensee

thereof may register that claim with the Secretary of State on a

form prescribed by the Secretary of State and upon payment of a fee

of Ten Dollars ($10.00). The form shall be verified and shall

include the name and date of death of the deceased personality, the

name and address of the claimant, the basis of the claim, and the

rights claimed.

3. Upon receipt and after filing of any document under this

section, the Secretary of State may microfilm or reproduce by other

techniques any of the filings or documents and destroy the original

filing or document. The microfilm or other reproduction of any

document under the provision of this section shall be admissible in

any court of law. The microfilm or other reproduction of any

document may be destroyed by the Secretary of State fifty (50) years
ection, the Secretary of State may microfilm or reproduce by other

techniques any of the filings or documents and destroy the original

filing or document. The microfilm or other reproduction of any

document under the provision of this section shall be admissible in

any court of law. The microfilm or other reproduction of any

document may be destroyed by the Secretary of State fifty (50) years

after the death of the personality named therein.

4. Claims registered under this subdivision shall be public

records.

G. No action shall be brought under this section by reason of

any use of a deceased personality's name, voice, signature,

photograph, or likeness occurring after the expiration of one

hundred (100) years from the death of the deceased personality.

H. As used in this section, "deceased personality" means any

natural person whose name, voice, signature, photograph, or likeness

has commercial value at the time of his or her death, whether or not

during the lifetime of that natural person the person used his or

her name, voice, signature, photograph, or likeness on or in

products, merchandise or goods, or for purposes of advertising or

selling, or solicitation of purchase of, products, merchandise,

goods, or services. A "deceased personality" shall include, without

limitation, any such natural person who has died within fifty (50)

years prior to January 1, 1986.

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I. As used in this section, "photograph" means any photograph

or photographic reproduction, still or moving, or any videotape or

live television transmission, of any person, such that the deceased

personality is readily identifiable. A deceased personality shall

be deemed to be readily identifiable from a photograph when one who

views the photograph with the naked eye can reasonably determine who

the person depicted in the photograph is.

J. For purposes of this section, a use of a name, voice,

signature, photograph, or likeness in connection with any news,

public affairs, or sports broadcast or account, or any political

campaign, shall not constitute a use for which consent is required

under subsection A of this section.

K. The use of a name, voice, signature, photograph, or likeness

in a commercial medium shall not constitute a use for which consent

is required under subsection A of this section solely because the

material containing such use is commercially sponsored or contains

paid advertising. Rather it shall be a question of fact whether or

not the use of the deceased personality's name, voice, signature,

photograph, or likeness was so directly connected with the

commercial sponsorship or with the paid advertising as to constitute

a use for which consent is required under subsection A of this

section.

L. Nothing in this section shall apply to the owners or

employees of any medium used for advertising, including, but not

limited to, newspapers, magazines, radio and television networks and

stations, cable television systems, billboards, and transit ads, by

whom any advertisement or solicitation in violation of this section

is published or disseminated, unless it is established that such

owners or employees had knowledge of the unauthorized use of the

deceased personality's name, voice, signature, photograph, or

likeness as prohibited by this section.

M. The remedies provided for in this section are cumulative and

shall be in addition to any others provided for by law.

N. This section shall not apply to the use of a deceased

personality's name, voice, signature, photograph, or likeness, in

any of the following instances:

1. A play, book, magazine, newspaper, musical composition,

exhibit, display, film, radio or television program, other than an

advertisement or commercial announcement not exempt under paragraph

4 of this subsection;

2. Material that is of political or newsworthy value;

3. Single and original works of fine art; and
voice, signature, photograph, or likeness, in

any of the following instances:

1. A play, book, magazine, newspaper, musical composition,

exhibit, display, film, radio or television program, other than an

advertisement or commercial announcement not exempt under paragraph

4 of this subsection;

2. Material that is of political or newsworthy value;

3. Single and original works of fine art; and

4. An advertisement or commercial announcement for a use

permitted by paragraph 1, 2 or 3 of this subsection.