Names Of Servicemembers Killed Overseas Off-Limits Under Proposal

An Inland Empire lawmaker’s bill to prohibit the unauthorized use of the names, images and other identifying information of U.S. service members killed overseas is on its way to the governor’s desk.

AB 585, sponsored by Assemblyman Paul Cook, R-Beaumont, was unanimously approved by the Assembly and Senate.

The legislation makes it illegal for anyone to use a deceased person’s name, photograph, signature, recorded voice or likeness for commercial gain, or for purposes of advertising or soliciting for a cause — unless the decedent’s loved-ones have expressly consented to the use.

The protection would be in place for 70 years after the person’s death. Violators would be liable for civil damages, which could include punitive awards imposed by a judge.

Cook said he introduced the bill to prevent anti-war groups from using casualties from Iraq and Afghanistan for exploitative reasons, such as names and faces on T-shirts, posters and buttons.

“I believe this bill is an important protection that should be provided to our fallen service members and their families,” he said. “Having served in the Marine Corps for 26 years, I understand the commitment that our service members undertake when they perform their duties.

“I believe that this bill will provide them and their families the respect they deserve when they make the ultimate sacrifice. We should respect the legacy of our service members.”

The bill would provide exemptions when the decedents’ information is used for news purposes, an original work of art or in some other capacity recognized as fair use under federal intellectual property law.

Under a California law passed in 1985, the surviving kin of celebrities or other recognizable personalities have a 70-year “right of publicity” that requires their prior consent before the decedents’ images or characteristics can be used commercially.

In his message to the Legislature, Cook noted there has been a law “in place for quite some time to protect Hollywood actors.”

“We are merely adding on to the existing language in an attempt to offer the same protection to our soldiers and their families that we extend to actors,” he wrote.