Commercial Use of Booking Photographs

Cal. CIV § 1798.91.1

California Statutes

(

a) For the purposes of this section, the following

definitions shall apply: (1) “Booking photograph” means a photograph of a subject individual taken pursuant to an arrest or other involvement in the criminal justice system. (2) “Subject individual” means an individual who was arrested. (3) “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. (4) “Public entity” means the state, county, city, special district, or other political subdivision therein. (

b) It shall be unlawful practice for any person engaged in publishing or otherwise disseminating a booking photograph through a print or electronic medium to solicit, require, or accept the payment of a fee or other consideration from a subject individual to remove, correct, modify, or to refrain from publishing or otherwise disseminating that booking photograph. (

c) Notwithstanding subdivision (b), a public entity may require and accept a reasonable administrative fee to correct a booking photograph. (

d) Each payment solicited or accepted in violation of these provisions constitutes a separate violation. (

e) In addition to any other sanctions, penalties, or remedies provided by law, a subject individual may bring a civil action in any court of competent jurisdiction against any person in violation of this

section for damages in an amount equal to the greater of one thousand dollars ($1,000) per violation or the actual damages suffered by him or her as a result, along with costs, reasonable attorney’s fees, and any other legal or equitable relief. (

f) The jurisdiction of a civil action brought pursuant to subdivision (

e) shall also include the county in which the subject individual resides at the time of the violation of this section.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 1798.91.1
Date2015-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV1798.91.1.20141941

Commercial Use of Booking Photographs

Cal. CIV § 1798.91.1

California Statutes

Commercial Use of Booking Photographs

Cal. CIV § 1798.91.1

California Statutes

(

a) For the purposes of this section, the following

definitions shall apply: (1) “Booking photograph” means a photograph of a subject individual taken pursuant to an arrest or other involvement in the criminal justice system. (2) “Subject individual” means an individual who was arrested. (3) “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. (4) “Public entity” means the state, county, city, special district, or other political subdivision therein. (

b) It shall be unlawful practice for any person engaged in publishing or otherwise disseminating a booking photograph through a print or electronic medium to solicit, require, or accept the payment of a fee or other consideration from a subject individual to remove, correct, modify, or to refrain from publishing or otherwise disseminating that booking photograph. (

c) Notwithstanding subdivision (b), a public entity may require and accept a reasonable administrative fee to correct a booking photograph. (

d) Each payment solicited or accepted in violation of these provisions constitutes a separate violation. (

e) In addition to any other sanctions, penalties, or remedies provided by law, a subject individual may bring a civil action in any court of competent jurisdiction against any person in violation of this

section for damages in an amount equal to the greater of one thousand dollars ($1,000) per violation or the actual damages suffered by him or her as a result, along with costs, reasonable attorney’s fees, and any other legal or equitable relief. (

f) The jurisdiction of a civil action brought pursuant to subdivision (

e) shall also include the county in which the subject individual resides at the time of the violation of this section.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 1798.91.1
Date2015-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV1798.91.1.20141941