
Oklahoma recognizes both a statutory and common law right of publicity, and the tort of misappropriation. On May 11, 2016, the Governor signed the Catfishing Liability Act of 2016 which becomes effective on November 1, 2016. This law provides liability and injunctive relief against a person who "knowingly use another's name, voice, signature or photograph or likeness through social media to create a false identity."
Section 1449 (for living individuals) provides narrow exceptions for:
- Uses in news, public affairs, sports broadcasts/analysis, and political campaigns
- Dissemination or publication by advertising medium providers unless they had knowledge of the unauthorized use.
Section 839.3 (also for living individuals) provides exceptions for:
- Professional photographers displaying their work at their places of business
- Uses prior to effective date
- Uses in resale of legitimately authorized works
The post-mortem statute provides many more exemptions, including:
- Uses in news, public affairs, sports broadcasts/analysis, and political campaigns
- Dissemination or publication of advertising medium providers unless they had knowledge of the unauthorized use.
- Uses in plays, books, magazines, newspapers, musical compositions, films, radio or television programs and advertisements for these
- Material that is of political or newsworthy value and related advertisements
- Single and original works of fine art and related advertisements
Oklahoma sits in the Tenth Circuit which had had occasion to consider the intersection of the First Amendment and the right of publicity in the context of Oklahoma’s right of publicity and has applied a balancing test to weigh the various interests at stake. In that case, the Tenth Circuit held that the use of baseball player’s names and images on trading cards deemed parodic in nature was protected by the First Amendment.
Cardtoons, L.C. v. Major League Baseball Players Ass’n, 95 F.3d 959 (10th Cir. 1996)
Like many states, Oklahoma requires a person to be readily identifiable in the context of a photograph.
Okla. Stat. tit. 12 § 1448
Okla. Stat. tit. 12 § 1449
Oklahoma Nat. Gas Co. v. LaRue, 1998 WL 568321 (10th Cir. 1998)