§470.5. Exempt uses

            A. This Subpart does not affect rights and privileges recognized under other state or federal laws, including those privileges afforded under the "fair use" factors in the United States Copyright Act of 1976.

            B. It shall not constitute a violation of this Subpart to use an individual's identity under any of the following circumstances:

            (1) In connection with a news, public affairs, sports transmission or account, or political campaign.

            (2) In a work of political, public interest, educational, or newsworthy value, including comment, criticism, or parody, or similar works, such as documentaries, docudramas, or historical or biographical works, or a representation of an individual as himself or herself, regardless of the degree of fictionalization.

            (3) In a play, book, magazine, newspaper, literary work, musical composition, single and original work of art or photograph, or visual work.

            (4) In a sound recording, audiovisual work, motion picture, or radio or television program, unless the use creates an unauthorized performance.

            (5) Any act of restoration or preservation of a sound recording, audiovisual work, or radio or television program.

            (6) In an advertisement, commercial announcement, or display of any of the works described in this Subpart.

            (7) To accurately identify the individual as the author of a given work, or a performer of a given work or performance, under circumstances in which the work or performance is otherwise rightfully reproduced, exhibited, or broadcast.

            (8) To lawfully make a work available for sale or licensing purposes insofar as the terms of the sale or license do not permit the user to violate this Subpart.

            (9) Data collection or data reporting and supplying the data collected or reported.

            (10) Data processing, data matching, data distribution, or data licensing.

            (11) In connection with the publication of an expressive work created prior to August 1, 2022.

            (12) If the use is merely incidental.

            C. An otherwise exempt use of an individual's identity protected under Subsection B of this Section is not an exempt use if it is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service.

            D. The carriage or transmission by a radio or television broadcast station licensed by the Federal Communications Commission, cable or satellite television company, or other video service provider, streaming video provider, newspaper company, periodical company, billboard company, media platform, voice, data, or other communications, information services, or internet access provider of any content created by a third party which violates any provision of this Subpart shall not be considered a violation of this Subpart by any such entity which carried or transmitted the content.

            E. Provisions of this Subpart do not create a liability for publishers or speakers of any information provided by another information content provider including the internet, an interactive computer service, an information content provider, or an access software provider.

            F. The publication by a news entity or outlet, online news outlet, newspaper, news publication, or other media which violates any provision of this Subpart shall not be considered a violation of this Subpart by the news outlet, online news outlet, or other media.

            Acts 2022, No. 425, §1.