Sec. 10. A person who violates section 8 of this chapter may be liable for any of the following:
(1) Damages in the amount of:
(A) one thousand dollars ($1,000); or
(B) actual damages, including profits derived from the unauthorized use;
whichever is greater.
(2) Treble or punitive damages, as the injured party may elect, if the violation under section 8 of this chapter is knowing, willful, or intentional.
[Pre-2002 Recodification Citation: 32-13-1-10.]
As added by P.L.2-2002, SEC.21.
Structure Indiana Code
Chapter 1. Rights of Publicity
32-36-1-0.2. Application of Certain Amendments to Prior Law
32-36-1-1. Application of Chapter
32-36-1-2. "Commercial Purpose" Defined
32-36-1-4. "News Reporting or an Entertainment Medium" Defined
32-36-1-6. "Personality" Defined
32-36-1-7. "Right of Publicity" Defined
32-36-1-9. Jurisdictional Acts
32-36-1-11. Profits Derived From Unauthorized Use; Proof
32-36-1-12. Additional Remedies
32-36-1-13. Injunctive Relief; Enforceability Against News Reporting or Entertainment Medium
32-36-1-14. Impoundment of Materials Pending Resolution of Action
32-36-1-15. Destruction or Other Disposition of Offending Materials
32-36-1-17. Exercise and Enforcement of Rights and Remedies
32-36-1-19. Termination of Untransferred Rights Following Personality's Death
32-36-1-20. Rights and Remedies Supplemental to Others Provided by Law