Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 683Introduced by Senator CorteseFebruary 21, 2025An act to amend Section 2201 of the Family Code, relating to marriage. An act to amend Section 3344 of the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTSB 683, as amended, Cortese. Marriage. Privacy: use of a persons name, voice, signature, photograph, or likeness: injunctive relief.Existing law makes any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that persons prior consent liable for damages, as specified.This bill would provide that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. The bill would require the respondent to comply with the order within 2 business days from the day the order is served, unless the order requires faster compliance, if the court grants the applicant a temporary restraining order without notice to the opposing party.Existing law provides that marriage is a personal relation arising out of a civil contract between 2 persons. Existing law provides that a subsequent marriage contracted by a person during the life of their former spouse, with a person other than the former spouse, is illegal and void except under specified situations, including that the former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3344 of the Civil Code is amended to read:3344. (a) (1) Any person who knowingly uses anothers 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 such the persons prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such the profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure, the respondent shall comply with the order within two business days from the day the order is served, unless the order requires faster compliance.(b) 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 person is readily identifiable.(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d) 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 subdivision (a).(e) 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 subdivision (a) solely because the material containing such the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons 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 subdivision (a).(f) 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 the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.SECTION 1.Section 2201 of the Family Code is amended to read:2201.(a)A subsequent marriage contracted by a person during the life of their former spouse, with a person other than the former spouse, is illegal and void, unless:(1)The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.(2)The former spouse is either of the following:(A)Absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage.(B)Generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.(b)In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.
Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 683Introduced by Senator CorteseFebruary 21, 2025An act to amend Section 2201 of the Family Code, relating to marriage. An act to amend Section 3344 of the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTSB 683, as amended, Cortese. Marriage. Privacy: use of a persons name, voice, signature, photograph, or likeness: injunctive relief.Existing law makes any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that persons prior consent liable for damages, as specified.This bill would provide that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. The bill would require the respondent to comply with the order within 2 business days from the day the order is served, unless the order requires faster compliance, if the court grants the applicant a temporary restraining order without notice to the opposing party.Existing law provides that marriage is a personal relation arising out of a civil contract between 2 persons. Existing law provides that a subsequent marriage contracted by a person during the life of their former spouse, with a person other than the former spouse, is illegal and void except under specified situations, including that the former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate March 25, 2025
Amended IN Senate March 25, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 683
Introduced by Senator CorteseFebruary 21, 2025
Introduced by Senator Cortese
February 21, 2025
An act to amend Section 2201 of the Family Code, relating to marriage. An act to amend Section 3344 of the Civil Code, relating to privacy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 683, as amended, Cortese. Marriage. Privacy: use of a persons name, voice, signature, photograph, or likeness: injunctive relief.
Existing law makes any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that persons prior consent liable for damages, as specified.This bill would provide that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. The bill would require the respondent to comply with the order within 2 business days from the day the order is served, unless the order requires faster compliance, if the court grants the applicant a temporary restraining order without notice to the opposing party.Existing law provides that marriage is a personal relation arising out of a civil contract between 2 persons. Existing law provides that a subsequent marriage contracted by a person during the life of their former spouse, with a person other than the former spouse, is illegal and void except under specified situations, including that the former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.This bill would make technical, nonsubstantive changes to that provision.
Existing law makes any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that persons prior consent liable for damages, as specified.
This bill would provide that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. The bill would require the respondent to comply with the order within 2 business days from the day the order is served, unless the order requires faster compliance, if the court grants the applicant a temporary restraining order without notice to the opposing party.
Existing law provides that marriage is a personal relation arising out of a civil contract between 2 persons. Existing law provides that a subsequent marriage contracted by a person during the life of their former spouse, with a person other than the former spouse, is illegal and void except under specified situations, including that the former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.
This bill would make technical, nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3344 of the Civil Code is amended to read:3344. (a) (1) Any person who knowingly uses anothers 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 such the persons prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such the profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure, the respondent shall comply with the order within two business days from the day the order is served, unless the order requires faster compliance.(b) 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 person is readily identifiable.(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d) 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 subdivision (a).(e) 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 subdivision (a) solely because the material containing such the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons 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 subdivision (a).(f) 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 the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.SECTION 1.Section 2201 of the Family Code is amended to read:2201.(a)A subsequent marriage contracted by a person during the life of their former spouse, with a person other than the former spouse, is illegal and void, unless:(1)The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.(2)The former spouse is either of the following:(A)Absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage.(B)Generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.(b)In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3344 of the Civil Code is amended to read:3344. (a) (1) Any person who knowingly uses anothers 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 such the persons prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such the profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure, the respondent shall comply with the order within two business days from the day the order is served, unless the order requires faster compliance.(b) 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 person is readily identifiable.(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d) 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 subdivision (a).(e) 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 subdivision (a) solely because the material containing such the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons 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 subdivision (a).(f) 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 the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
SECTION 1. Section 3344 of the Civil Code is amended to read:
### SECTION 1.
3344. (a) (1) Any person who knowingly uses anothers 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 such the persons prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such the profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure, the respondent shall comply with the order within two business days from the day the order is served, unless the order requires faster compliance.(b) 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 person is readily identifiable.(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d) 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 subdivision (a).(e) 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 subdivision (a) solely because the material containing such the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons 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 subdivision (a).(f) 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 the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
3344. (a) (1) Any person who knowingly uses anothers 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 such the persons prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such the profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure, the respondent shall comply with the order within two business days from the day the order is served, unless the order requires faster compliance.(b) 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 person is readily identifiable.(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d) 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 subdivision (a).(e) 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 subdivision (a) solely because the material containing such the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons 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 subdivision (a).(f) 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 the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
3344. (a) (1) Any person who knowingly uses anothers 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 such the persons prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such the profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure, the respondent shall comply with the order within two business days from the day the order is served, unless the order requires faster compliance.(b) 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 person is readily identifiable.(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d) 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 subdivision (a).(e) 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 subdivision (a) solely because the material containing such the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons 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 subdivision (a).(f) 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 the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
3344. (a) (1) Any person who knowingly uses anothers 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 such the persons prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such the profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.
(2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure, the respondent shall comply with the order within two business days from the day the order is served, unless the order requires faster compliance.
(b) 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 person is readily identifiable.
(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.
(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.
(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.
(d) 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 subdivision (a).
(e) 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 subdivision (a) solely because the material containing such the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons 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 subdivision (a).
(f) 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 the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.
(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
(a)A subsequent marriage contracted by a person during the life of their former spouse, with a person other than the former spouse, is illegal and void, unless:
(1)The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.
(2)The former spouse is either of the following:
(A)Absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage.
(B)Generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.
(b)In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.