LRB-1832/1
RPN:kmg&jlg:km
1997 - 1998 LEGISLATURE
February 18, 1997 - Introduced by Representatives Harsdorf, Freese, R. Young,
Musser, Notestein, F. Lasee, Kreibich, Schafer, Powers, Wasserman and
Gunderson. Referred to Committee on Consumer Affairs.
AB116,1,2
1An Act to amend 895.50 (2) (b) of the statutes;
relating to: the right of privacy
2concerning deceased individuals.
Analysis by the Legislative Reference Bureau
Under current law, one definition of "invasion of privacy" is the use of the name,
portrait or picture of a living person for advertising purposes or for purposes of trade
without having obtained the person's written consent. This bill expands that
definition to include the use of the name, portrait or picture of a deceased person for
advertising purposes or for purposes of trade without having obtained written
consent. The written consent must be obtained from the person's heirs, successors,
assigns, or purchaser in good faith of the use of the person's name, portrait or picture
for value.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB116, s. 1
3Section
1. 895.50 (2) (b) of the statutes is amended to read:
AB116,2,34
895.50
(2) (b) The use, for advertising purposes or for purposes of trade, of the
5name, portrait or picture of any
living person, without having first obtained the
6written consent of the person
or, if, If the person is a minor,
of the written consent
1must first be obtained from his or her parent or guardian.
If the person is deceased,
2the written consent must first be obtained from his or her heirs, successors, assigns
3or purchaser in good faith of the use of the name, portrait or picture for value.
AB116,2,65
(1) This act first applies to the use of a person's name, portrait or picture on the
6effective date of this subsection.
