Privacy: commercial use of minor's photograph.

Under existing law, a person who knowingly uses another'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 that person's prior consent, or, in the case of a minor, the prior consent of his or her parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof and for the payment to the injured party of any profits attributable to that unauthorized use. Existing law provides that a person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, or knowingly trespasses or commits assault with the intent to capture, as specified, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, as specified. Existing law also provides that a person is liable for constructive invasion of privacy for the first sale, offer for sale, transmission, publication, broadcast, or other use of any visual image, sound recording, or other physical impression, if the person sold, transmitted, published, broadcast, or used any image or recording of the type described in the provision above with actual knowledge that the images or recordings were obtained in violation of that provision and provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression. If the plaintiff proves the invasion of privacy was committed for a commercial purpose, the defendant is subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation of these provisions. This bill would provide that any person who knowingly uses any photograph or likeness of a minor for commercial purposes, as defined, without consent, shall be liable for any damages sustained by the person or persons injured as a result thereof and for the payment to the injured party of any profits attributable to that unauthorized use.