{
  "batch": "301-alabama-privacy-and-image-law-for-creators",
  "articles": [
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_code_index",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code: official statute site",
      "summary": "[Unverified - being checked] The official Alabama statutory code is published at alison.legislature.state.al.us and is the state's own official document for all statutes.",
      "body": "The official Alabama statutory code is published at alison.legislature.state.al.us and is the state's own official document for all statutes.\n\nWhat Alabama Legislature actually says:\n\n“Alabama Constitution and Administrative CodeCode of AlabamaFind My Legislator”\n\nNote: Anchor record: Alabama's official statute site (alison.legislature.state.al.us). The site is a JavaScript SPA; statute text must be fetched from mirror sources like FindLaw or OneCle that republish the official text.",
      "source_type": "official",
      "source_link": "https://alison.legislature.state.al.us/",
      "last_verified": "2026-09-25",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Alabama Legislature",
      "evidence_quote": "Alabama Constitution and Administrative CodeCode of AlabamaFind My Legislator",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code",
      "topic": "official statute site",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "choosing",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_13a_6_240_criminal",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §13A-6-240: criminal non-consensual intimate image distribution",
      "summary": "[Unverified - being checked] Alabama Code §13A-6-240 criminalizes distributing a private image without consent as a Class A misdemeanor (subsequent conviction Class C felony); the statute defines private image, reasonable expectation of privacy, and provides an AG injunction remedy.",
      "body": "Alabama Code §13A-6-240 criminalizes distributing a private image without consent as a Class A misdemeanor (subsequent conviction Class C felony); the statute defines private image, reasonable expectation of privacy, and provides an AG injunction remedy.\n\nWhat FindLaw (republishing Alabama Code) actually says:\n\n“(a)(1) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image when the depicted individual has not consented in writing to the transmission and the depicted individual had a reasonable expectation of privacy against transmission of the private image.(2) A person commits the crime of creating a private image if he or she knowingly creates, records, or alters a private image when the depicted individual has not consented to the creation, recording, or alteration and the depicted individual had a reasonable expectation of privacy against the creation, recording, or alteration of the private image.(b)(1) For purposes of this section, \"private image\" means a photograph, digital image, video, film, or other recording of an individual who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sexually explicit conduct, as defined in Section 13A-12-190.(2) The term includes both of the following:a. A recording that has been edited, altered, or otherwise manipulated from its original form.b. A recording that a reasonable person would believe actually depicts an identifiable individual, regardless of whether any portion of the recording depicts another individual or is artificially generated.(c)(1) For purposes of this section, a \"reasonable expectation of privacy\" includes, but is not limited to, either of the following circumstances:a. The individual depicted in the private image created it or consented to its creation believing that it would remain confidential.b. The sexual conduct depicted in the image was involuntary.(2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily in a public setting or made with prior written consent in a commercial setting.(d) It is a defense to distributing a private image if the distribution of the private image was made in the public interest, including, but not limited to, the reporting of unlawful conduct; the lawful and common practices of law enforcement, legal proceedings, or medical treatment; or a bona fide attempt to prevent further distribution of the private image.(e) The crimes of distributing a private image and creating a private image shall be considered to be committed in any county in which any part of the crime took place, in the county of residence of the victim or defendant, or any county where the image is received.(f) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.(g) If the Attorney General has reason to believe a personhas engaged in, or is engaging in, a violation of this section, the AttorneyGeneral may petition for an emergency injunction or other necessary relief toenjoin the violation, and may order the person to provide a copy of the writtenconsent required by this section.(h) No Internet service provider, search engine, cloudservice provider, or affiliate or subsidiary of any of the same, shall be heldto have violated this section solely for providing access or connection to orfrom a website, other information or content on the Internet, or a facility,system, or network not under the control of the provider, including, but notlimited to, the transmission, download, intermediate storage, or accesssoftware of content that is a private image or is child sexual abuse material to the extent the provider is not responsible for the creation of the contentof the communication that constitutes the private image or child sexual abusematerial.(i) No developer or provider of technology shall be held tohave violated this section solely for providing or developing technology usedby another person to violate this section.(Act 2017-414, §1; Act 2023-464, §1; Act 2024-96, §1; Act 2024-97, §11; Act 2024-98, §3.)”\n\nNote: Criminal statute for non-consensual intimate image distribution. Provides for Class A misdemeanor (first offense) / Class C felony (subsequent). Attorney General can seek emergency injunction. Does not specify statutory damages or attorney fees for private civil suits - this is purely criminal.",
      "source_type": "official",
      "source_link": "https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-240/",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "FindLaw (republishing Alabama Code)",
      "evidence_quote": "(a)(1) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image when the depicted individual has not consented in writing to the transmission and the depicted individual had a reasonable expectation of privacy against transmission of the private image.(2) A person commits the crime of creating a private image if he or she knowingly creates, records, or alters a private image when the depicted individual has not consented to the creation, recording, or alteration and the depicted individual had a reasonable expectation of privacy against the creation, recording, or alteration of the private image.(b)(1) For purposes of this section, \"private image\" means a photograph, digital image, video, film, or other recording of an individual who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sexually explicit conduct, as defined in Section 13A-12-190.(2) The term includes both of the following:a. A recording that has been edited, altered, or otherwise manipulated from its original form.b. A recording that a reasonable person would believe actually depicts an identifiable individual, regardless of whether any portion of the recording depicts another individual or is artificially generated.(c)(1) For purposes of this section, a \"reasonable expectation of privacy\" includes, but is not limited to, either of the following circumstances:a. The individual depicted in the private image created it or consented to its creation believing that it would remain confidential.b. The sexual conduct depicted in the image was involuntary.(2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily in a public setting or made with prior written consent in a commercial setting.(d) It is a defense to distributing a private image if the distribution of the private image was made in the public interest, including, but not limited to, the reporting of unlawful conduct; the lawful and common practices of law enforcement, legal proceedings, or medical treatment; or a bona fide attempt to prevent further distribution of the private image.(e) The crimes of distributing a private image and creating a private image shall be considered to be committed in any county in which any part of the crime took place, in the county of residence of the victim or defendant, or any county where the image is received.(f) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.(g) If the Attorney General has reason to believe a personhas engaged in, or is engaging in, a violation of this section, the AttorneyGeneral may petition for an emergency injunction or other necessary relief toenjoin the violation, and may order the person to provide a copy of the writtenconsent required by this section.(h) No Internet service provider, search engine, cloudservice provider, or affiliate or subsidiary of any of the same, shall be heldto have violated this section solely for providing access or connection to orfrom a website, other information or content on the Internet, or a facility,system, or network not under the control of the provider, including, but notlimited to, the transmission, download, intermediate storage, or accesssoftware of content that is a private image or is child sexual abuse material to the extent the provider is not responsible for the creation of the contentof the communication that constitutes the private image or child sexual abusematerial.(i) No developer or provider of technology shall be held tohave violated this section solely for providing or developing technology usedby another person to violate this section.(Act 2017-414, §1; Act 2023-464, §1; Act 2024-96, §1; Act 2024-97, §11; Act 2024-98, §3.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §13A-6-240",
      "topic": "criminal non-consensual intimate image distribution",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_13a_6_240_civil_absent",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §13A-6-240: civil remedy for non-consensual intimate image distribution",
      "summary": "[Unverified - being checked] Alabama Code §13A-6-240 does not provide a private civil remedy, statutory damages, attorney fees, or limitation period for civil suits; it is a criminal statute only.",
      "body": "Alabama Code §13A-6-240 does not provide a private civil remedy, statutory damages, attorney fees, or limitation period for civil suits; it is a criminal statute only.\n\nWhat FindLaw (republishing Alabama Code) actually says:\n\n“(f) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.(g) If the Attorney General has reason to believe a personhas engaged in, or is engaging in, a violation of this section, the AttorneyGeneral may petition for an emergency injunction or other necessary relief toenjoin the violation, and may order the person to provide a copy of the writtenconsent required by this section.”\n\nNote: The statute provides only criminal penalties and an AG injunction remedy. No private right of action, statutory damages, attorney fees, or civil limitation period is stated. A creator would need to rely on other causes of action (e.g., invasion of privacy, intentional infliction of emotional distress) for civil remedies.",
      "source_type": "official",
      "source_link": "https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-240/",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "FindLaw (republishing Alabama Code)",
      "evidence_quote": "(f) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.(g) If the Attorney General has reason to believe a personhas engaged in, or is engaging in, a violation of this section, the AttorneyGeneral may petition for an emergency injunction or other necessary relief toenjoin the violation, and may order the person to provide a copy of the writtenconsent required by this section.",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §13A-6-240",
      "topic": "civil remedy for non-consensual intimate image distribution",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_13a_6_90_stalking1",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §13A-6-90: stalking first degree (online conduct)",
      "summary": "[Unverified - being checked] Alabama Code §13A-6-90 defines stalking in the first degree as intentionally and repeatedly following or harassing another person with a threat placing them in reasonable fear of death or serious bodily harm, as a Class C felony.",
      "body": "Alabama Code §13A-6-90 defines stalking in the first degree as intentionally and repeatedly following or harassing another person with a threat placing them in reasonable fear of death or serious bodily harm, as a Class C felony.\n\nWhat FindLaw (republishing Alabama Code) actually says:\n\n“(a) A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.(b) The crime of stalking in the first degree is a Class C felony.(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §1; Act 2012-380, p. 1004, §2.)”\n\nNote: Applies to online conduct when the conduct involves following, harassing, and threatening via electronic means. Class C felony (1-10 years imprisonment, up to $15,000 fine).",
      "source_type": "official",
      "source_link": "https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-90/",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "FindLaw (republishing Alabama Code)",
      "evidence_quote": "(a) A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.(b) The crime of stalking in the first degree is a Class C felony.(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §1; Act 2012-380, p. 1004, §2.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §13A-6-90",
      "topic": "stalking first degree (online conduct)",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_13a_6_90_1_stalking2",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §13A-6-90.1: stalking second degree (online conduct)",
      "summary": "[Unverified - being checked] Alabama Code §13A-6-90.1 defines stalking in the second degree as intentionally and repeatedly following, harassing, telephoning, or initiating communication (verbally, electronically, or otherwise) with an improper purpose after being informed to cease, causing material harm to mental/emotional health or reasonable fear of threatened employment/business/career, as a Class B misdemeanor.",
      "body": "Alabama Code §13A-6-90.1 defines stalking in the second degree as intentionally and repeatedly following, harassing, telephoning, or initiating communication (verbally, electronically, or otherwise) with an improper purpose after being informed to cease, causing material harm to mental/emotional health or reasonable fear of threatened employment/business/career, as a Class B misdemeanor.\n\nWhat FindLaw (republishing Alabama Code) actually says:\n\n“(a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.(b) The crime of stalking in the second degree is a Class B misdemeanor.(Act 2012-380, p. 1004, §3.)”\n\nNote: Explicitly covers electronic communication. Requires prior notice to cease. Class B misdemeanor (up to 6 months, up to $3,000 fine).",
      "source_type": "official",
      "source_link": "https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-90-1/",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "FindLaw (republishing Alabama Code)",
      "evidence_quote": "(a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.(b) The crime of stalking in the second degree is a Class B misdemeanor.(Act 2012-380, p. 1004, §3.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §13A-6-90.1",
      "topic": "stalking second degree (online conduct)",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_13a_11_163_defamation",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §13A-11-163: criminal defamation (potential harassment overlap)",
      "summary": "[Unverified - being checked] Alabama Code §13A-11-163 criminalizes knowingly publishing false accusations of felony or moral turpitude offenses against private citizens as a Class B misdemeanor.",
      "body": "Alabama Code §13A-11-163 criminalizes knowingly publishing false accusations of felony or moral turpitude offenses against private citizens as a Class B misdemeanor.\n\nWhat FindLaw (republishing Alabama Code) actually says:\n\n“Any person who, with knowledge that a statement is false or with reckless disregard of whether the statement is false or not, publishes or otherwise disseminates any accusation against a private citizen, not currently holding or running for public office, which falsely and maliciously imports the commission by such person of a felony or any other indictable offense involving moral turpitude shall be guilty of a Class B misdemeanor.(Code 1876, §4107; Code 1886, §3773; Code 1896, §5065; Code 1907, §7340; Code 1923, §4923; Code 1940, T. 14, §350; Code 1975, §13-6-203; Act 2016-371, §1.)”\n\nNote: Could apply to false allegations made online against creators. Only covers false accusations of crimes involving moral turpitude, not general harassment.",
      "source_type": "official",
      "source_link": "https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-11-163/",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "FindLaw (republishing Alabama Code)",
      "evidence_quote": "Any person who, with knowledge that a statement is false or with reckless disregard of whether the statement is false or not, publishes or otherwise disseminates any accusation against a private citizen, not currently holding or running for public office, which falsely and maliciously imports the commission by such person of a felony or any other indictable offense involving moral turpitude shall be guilty of a Class B misdemeanor.(Code 1876, §4107; Code 1886, §3773; Code 1896, §5065; Code 1907, §7340; Code 1923, §4923; Code 1940, T. 14, §350; Code 1975, §13-6-203; Act 2016-371, §1.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §13A-11-163",
      "topic": "criminal defamation (potential harassment overlap)",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_6_5_770_right_publicity",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §6-5-770: Right of Publicity Act short title",
      "summary": "[Unverified - being checked] Alabama Code §6-5-770 establishes the Alabama Right of Publicity Act (Act 2015-188).",
      "body": "Alabama Code §6-5-770 establishes the Alabama Right of Publicity Act (Act 2015-188).\n\nWhat OneCle (republishing Alabama Code) actually says:\n\n“Section 6-5-770 - Short title. This article shall be known and may be cited as the Alabama Right of Publicity Act.(Act 2015-188, §1.)”\n\nNote: Anchor for the Right of Publicity Act (Article 39, §§6-5-770 through 6-5-774).",
      "source_type": "official",
      "source_link": "https://law.onecle.com/alabama/title-6/6-5-770.html",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "OneCle (republishing Alabama Code)",
      "evidence_quote": "Section 6-5-770 - Short title. This article shall be known and may be cited as the Alabama Right of Publicity Act.(Act 2015-188, §1.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §6-5-770",
      "topic": "Right of Publicity Act short title",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_6_5_772_liability",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §6-5-772: liability for use of indicia of identity without consent",
      "summary": "[Unverified - being checked] Alabama Code §6-5-772 imposes liability on any person or entity who uses the indicia of identity of a person on products, goods, merchandise, services, advertising, fundraising, or for false endorsement without consent, regardless of profit motive.",
      "body": "Alabama Code §6-5-772 imposes liability on any person or entity who uses the indicia of identity of a person on products, goods, merchandise, services, advertising, fundraising, or for false endorsement without consent, regardless of profit motive.\n\nWhat OneCle (republishing Alabama Code) actually says:\n\n“Section 6-5-772 - Liability for use of indicia of identity without consent. (a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person's rights.(b) Liability may be found under this section without regard as to whether the use is for profit or not for profit.(Act 2015-188, §3.)”\n\nNote: Statutory right of publicity. Covers commercial uses: products, advertising, fundraising, false endorsement. Applies regardless of profit motive. Rights holder can be the person or a holder of that person's rights (suggests assignability/survival).",
      "source_type": "official",
      "source_link": "https://law.onecle.com/alabama/title-6/6-5-772.html",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "OneCle (republishing Alabama Code)",
      "evidence_quote": "Section 6-5-772 - Liability for use of indicia of identity without consent. (a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person's rights.(b) Liability may be found under this section without regard as to whether the use is for profit or not for profit.(Act 2015-188, §3.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §6-5-772",
      "topic": "liability for use of indicia of identity without consent",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_6_5_773_fair_use_limitation",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §6-5-773: fair use, limitations, and statute of limitations for right of publicity",
      "summary": "[Unverified - being checked] Alabama Code §6-5-773 provides fair use exceptions (news, public interest, artistic works, sports broadcasts), limitations on commercial endorsements, and sets a 2-year statute of limitations with a 6-month discovery rule and 4-year statute of repose.",
      "body": "Alabama Code §6-5-773 provides fair use exceptions (news, public interest, artistic works, sports broadcasts), limitations on commercial endorsements, and sets a 2-year statute of limitations with a 6-month discovery rule and 4-year statute of repose.\n\nWhat OneCle (republishing Alabama Code) actually says:\n\n“(a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 1901.(b) It is a fair use and not a violation of Section 6-5-772 if the use of the indicia of identity is in connection with a news, public affairs, or public interest account, political speech or a political campaign, live or prerecorded broadcast or streaming of a sporting event or photos, clips, or highlights included in broadcasts or streaming of sports news or talk shows, or documentaries, or any advertising or promotion of the same (public interest work), or is part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, film, television program, radio program or the like (artistic work), or any advertising or promotion of the same, unless the claimant proves, subject to subsection (a), that the use in an artistic work is such a replica as to constitute a copy of the person's indicia of identity for the purposes of trade.(c) With respect to advertising and promotion of public interest works and artistic works, except for the advertising or promotion of a public interest work itself as permitted by subsection (b), it shall not be deemed a fair use if the claimant proves that his or her indicia of identity has been directly connected to and affirmatively used in a commercial manner to advertise, promote, or endorse a product, good, or service.(d) The commercial use of a person's indicia of identity in a commercial medium does not constitute a violation of Section 6-5-772 if the material containing the commercial use is authorized by the person or the person's authorized representative or agent for commercial sponsorship or paid advertising.(e) It is not a fair use and is a violation of Section 6-5-772 if a person's indicia of identity is used, without such person's permission, in a manner stating or implying that such person has endorsed or supports a candidate for public office.(f) Those who lawfully obtain authorized products containing indicia of identity are not liable under this section for their resale of such products.(g) Any action brought pursuant to this article shall be commenced within two years from the act or omission giving rise to the claim. If the cause of action is not discovered and could not reasonably have been discovered within that time period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. In no event may the action be commenced more than four years after the act or omission giving rise to the claim.(Act 2015-188, §4.)”\n\nNote: Statute of limitations: 2 years from act/omission, with 6-month discovery extension, but absolute 4-year statute of repose. Fair use exceptions are broad for news, artistic works, sports. Prohibits unauthorized political endorsement implication.",
      "source_type": "official",
      "source_link": "https://law.onecle.com/alabama/title-6/6-5-773.html",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "OneCle (republishing Alabama Code)",
      "evidence_quote": "(a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 1901.(b) It is a fair use and not a violation of Section 6-5-772 if the use of the indicia of identity is in connection with a news, public affairs, or public interest account, political speech or a political campaign, live or prerecorded broadcast or streaming of a sporting event or photos, clips, or highlights included in broadcasts or streaming of sports news or talk shows, or documentaries, or any advertising or promotion of the same (public interest work), or is part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, film, television program, radio program or the like (artistic work), or any advertising or promotion of the same, unless the claimant proves, subject to subsection (a), that the use in an artistic work is such a replica as to constitute a copy of the person's indicia of identity for the purposes of trade.(c) With respect to advertising and promotion of public interest works and artistic works, except for the advertising or promotion of a public interest work itself as permitted by subsection (b), it shall not be deemed a fair use if the claimant proves that his or her indicia of identity has been directly connected to and affirmatively used in a commercial manner to advertise, promote, or endorse a product, good, or service.(d) The commercial use of a person's indicia of identity in a commercial medium does not constitute a violation of Section 6-5-772 if the material containing the commercial use is authorized by the person or the person's authorized representative or agent for commercial sponsorship or paid advertising.(e) It is not a fair use and is a violation of Section 6-5-772 if a person's indicia of identity is used, without such person's permission, in a manner stating or implying that such person has endorsed or supports a candidate for public office.(f) Those who lawfully obtain authorized products containing indicia of identity are not liable under this section for their resale of such products.(g) Any action brought pursuant to this article shall be commenced within two years from the act or omission giving rise to the claim. If the cause of action is not discovered and could not reasonably have been discovered within that time period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. In no event may the action be commenced more than four years after the act or omission giving rise to the claim.(Act 2015-188, §4.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §6-5-773",
      "topic": "fair use, limitations, and statute of limitations for right of publicity",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_6_5_774_remedies",
      "category": "Safety",
      "title": "[Unverified - being checked] Alabama Code §6-5-774: remedies for right of publicity violation",
      "summary": "[Unverified - being checked] Alabama Code §6-5-774 provides remedies for right of publicity violations: plaintiff may elect statutory damages of $5,000 per action or compensatory damages including defendant's profits; punitive damages available under Alabama law; injunctive relief with rebuttable presumption of irreparable harm.",
      "body": "Alabama Code §6-5-774 provides remedies for right of publicity violations: plaintiff may elect statutory damages of $5,000 per action or compensatory damages including defendant's profits; punitive damages available under Alabama law; injunctive relief with rebuttable presumption of irreparable harm.\n\nWhat OneCle (republishing Alabama Code) actually says:\n\n“Section 6-5-774 - Remedies. A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief:(1) Monetary relief. The measure of damages shall be:a. Statutory damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages, including the defendant's profits derived from such use. The plaintiff, within a reasonable time after the close of discovery, shall elect whether to claim statutory damages or to instead receive such monetary relief as the fact finder may independently determine to award in accordance with this section.b. Any other damages available under Alabama law, including punitive damages. An election of statutory damages does not preclude the recovery of punitive damages if such damages are available under Alabama law.(2) Injunctive relief. A violation of this article is deemed to constitute a rebuttable presumption of irreparable harm for the purposes of injunctive relief.(Act 2015-188, §5.)”\n\nNote: Statutory damages: $5,000 per action (not per violation). Plaintiff elects statutory vs. compensatory+profits. Punitive damages available under Alabama law. Injunctive relief with rebuttable presumption of irreparable harm. No attorney fee provision stated in this section.",
      "source_type": "official",
      "source_link": "https://law.onecle.com/alabama/title-6/6-5-774.html",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "OneCle (republishing Alabama Code)",
      "evidence_quote": "Section 6-5-774 - Remedies. A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief:(1) Monetary relief. The measure of damages shall be:a. Statutory damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages, including the defendant's profits derived from such use. The plaintiff, within a reasonable time after the close of discovery, shall elect whether to claim statutory damages or to instead receive such monetary relief as the fact finder may independently determine to award in accordance with this section.b. Any other damages available under Alabama law, including punitive damages. An election of statutory damages does not preclude the recovery of punitive damages if such damages are available under Alabama law.(2) Injunctive relief. A violation of this article is deemed to constitute a rebuttable presumption of irreparable harm for the purposes of injunctive relief.(Act 2015-188, §5.)",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Code §6-5-774",
      "topic": "remedies for right of publicity violation",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "money.fees",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r301_alabama_privacy_and_image_law_for_creators_301_al_right_publicity_survival",
      "category": "Safety",
      "title": "[Unverified - being checked] Whether right of publicity survives death",
      "summary": "[Unverified - being checked] The Alabama Right of Publicity Act (§§6-5-770 to 6-5-774) refers to liability to 'that person, or to a holder of that person's rights' in §6-5-772(a), indicating the right is assignable and may survive death through estate succession, though no explicit post-mortem duration is stated in the accessible sections.",
      "body": "The Alabama Right of Publicity Act (§§6-5-770 to 6-5-774) refers to liability to 'that person, or to a holder of that person's rights' in §6-5-772(a), indicating the right is assignable and may survive death through estate succession, though no explicit post-mortem duration is stated in the accessible sections.\n\nWhat OneCle (republishing Alabama Code) actually says:\n\n“Section 6-5-772 - Liability for use of indicia of identity without consent. (a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person's rights.”\n\nNote: The phrase 'holder of that person's rights' in §6-5-772(a) implies the right is assignable and survives the person. However, the accessible sections (§6-5-770 through 6-5-774) do not specify a post-mortem term (e.g., 50 years, 70 years, perpetual). Could not verify the existence or duration of a post-mortem right from the opened sources.",
      "source_type": "official",
      "source_link": "https://law.onecle.com/alabama/title-6/6-5-772.html",
      "last_verified": "2026-09-25",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "OneCle (republishing Alabama Code)",
      "evidence_quote": "Section 6-5-772 - Liability for use of indicia of identity without consent. (a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person's rights.",
      "volatility": "low",
      "from_batch": "301-alabama-privacy-and-image-law-for-creators",
      "subject": "Alabama Right of Publicity Act",
      "topic": "whether right of publicity survives death",
      "applies_to_country": "us-al",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}