[§482P-4.5] Recording, issuance, and effect of certificate. (a) Any person desiring to register a publicity rights name may obtain a certificate of registration of the publicity rights name as provided in this section. The director shall have the power reasonably necessary to perform the duties required of the director under this section, and to administer the section efficiently.
(b) To receive a certificate of registration of a publicity rights name, a person shall file in the office of the director an application for registration. The application for registration shall include a publicity rights name that consists of the assigning individual or personality's full legal name. The application for registration form shall include other information as prescribed by the director.
(c) Upon filing the application form, the applicant shall pay to the director a fee of $50. A special handling fee of $20 for expediting registration of a publicity rights name shall be assessed by the director. All fees and special handling fees shall be credited to the compliance resolution fund established under section 26-9(o).
(d) Upon receiving the application form accompanied by the fee, the director shall cause the publicity rights name to be recorded and shall issue a certificate of registration to the applicant.
(e) The term of registration of a publicity rights name shall be five years beginning from the date of registration. The registration may be renewed for additional five-year periods by filing a renewal application within six months prior to the expiration of each current term and complying with the renewal requirements prescribed by the director.
(f) If a document delivered to the director for filing satisfies the requirements of this section, the director shall file it.
(g) The director shall file a document by stamping or otherwise endorsing the document, including the date and time of receipt.
(h) If the director refuses to file a document, the director shall return it to the applicant or the applicant's representative together with a brief, written statement of the reason for the director's refusal.
(i) The director's duty to file documents under this section is ministerial. The director's filing or refusing to file a document shall not:
(1) Affect the validity or invalidity of the document in whole or in part;
(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid, or that information contained in the document is correct or incorrect.
Disputes between applicants with respect to a registered publicity rights name shall be determined by a court of competent jurisdiction. [L 2010, c 62, §2]
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