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Can you summarize FLCL 540.08?
COMMERCIAL DISCRIMINATION > Unauthorized publication of name or likeness.
Short Summary
This provision under the Florida Statutes regulates the unauthorized publication, printing, display, or public use of the name, portrait, photograph, or likeness of any natural person for trade or commercial purposes. It requires express written or oral consent from the person or authorized entities for such use. If consent is not obtained, the affected person or authorized entities may bring an action to enjoin the unauthorized use and seek damages, including reasonable royalties. There are exceptions for news reports, resale or distribution of artistic productions, and photographs of individuals as members of the public. Violators may face civil penalties, especially if the unauthorized use involves a member of the armed forces.
Whom does it apply to?
Any person or entity that publishes, prints, displays, or publicly uses the name, portrait, photograph, or likeness of a natural person for trade, commercial, or advertising purposes
What does it govern?
Unauthorized publication of name or likeness
What are exemptions?
The publication, printing, display, or use of the name or likeness of any person in any bona fide news report or presentation with a current and legitimate public interest, where the name or likeness is not used for advertising purposes; the use of the name, portrait, photograph, or likeness in connection with the resale or distribution of literary, musical, or artistic productions or other articles of merchandise or property with the consent of the person; any photograph of a person solely as a member of the public without naming or identifying the person
What are the Penalties?
An unauthorized user may be subject to an action to enjoin the unauthorized publication and to recover damages, including reasonable royalties and punitive or exemplary damages. If the unauthorized use involves a member of the armed forces, a court may impose a civil penalty of up to $1,000 per violation in addition to other civil remedies.
Jurisdiction
Florida