KEAN BILL WOULD PROHIBIT UNAUTHORIZED USE OF DECEASED
SOLDIER’S NAME, LIKENESS
Assemblyman Sean T. Kean (R-11) stood with veterans and
military families today to demonstrate support for
legislation that would prohibit the unauthorized use of
a deceased service member’s name, portrait or picture
for certain purposes. Kean was joined by a local mother
from Bradley Beach whose son died in battle and
contacted the Assemblyman about the soldier’s name being
used on merchandise being sold on a website.
“It is
incomprehensible to think that anyone can use a deceased
soldier’s name or likeness to make a profit,” said
Assemblyman Kean. “The sad reality is that people are
using the names and pictures of our service members
without the families’ consent and that must be stopped.”
Kean’s
bill, A-3806, makes it unlawful to use the name or
picture of any deceased service member for political or
commercial purposes without the consent of the service
member’s closest living relative. If found guilty of
this practice, an individual would be subject to a fine
of up to $10,000 for a first offense and up to $20,000
for any subsequent offense. In addition, a violation can
result in the assessment of punitive damages and the
awarding of treble damages and costs to the family.
Assemblyman Kean sponsored this legislation to protect
the name and memory of deceased soldiers and to
safeguard living family members from the negative impact
of the unauthorized use of a soldier’s name.
For
example, the mother that contacted Assemblyman Kean said
she found out that tee shirts were being sold on the
Internet with her son’s name on the shirt without her
permission.
“Family
members who are mourning the loss of their loved one
should not have to worry that their relative’s name or
likeness is being exploited,” remarked Kean. “We must
stop this practice so grieving families can rest assured
that their loved one’s name can only be used for
purposes to which they consent.”
Kean
continued, “The men and women who selflessly served our
country and paid the ultimate price deserve better than
to have their memory degraded and misused to line
someone’s pockets,” remarked Kean.
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